Privacy Policy

Last Modified: August 17, 2016

Artillery Games, Inc., a Delaware corporation, ("Artillery") is committed to respecting the privacy rights of the customers, visitors, and other users of Artillery’s free-to-play computer game, Guardians of Atlas (the “Game”) and its related websites, including https://guardiansofatlas.com/ (the “Site”). We created this Privacy Policy (this "Policy") to give you, the user, confidence as you visit and use the Site or the Game, and to demonstrate our commitment to fair information practices and the protection of privacy. By visiting the Site or using the Game, you consent to our collection, use, storage, deletion and disclosure of information relating to you as set forth in this Policy. This Policy is only applicable to the Site and the Game, and not to any other third-party websites that you may be able to access from the Site, each of which may have data collection and use practices and policies that differ materially from this Policy.

I. INFORMATION COLLECTION AND USE PRACTICES

A. What Basic Information Does Artillery Collect?

We typically collect personal information that you provide to us on a voluntary basis, and you may visit areas on the Site without choosing to do so. However, in order to use certain parts of the Site and/or log-on to play the Game, you will be required to create an account by providing us your email address and selecting a unique username and password (an “Account”). For age verification purposes, we also ask for your birthday during the Account creation process. In the course of maintaining your Account, you might also be asked to participate in online surveys about the Game, or in other Game-related promotional contests, participation in which is entirely voluntary. In participating in such promotional activities or in contacting customer support, you might be requested to provide additional information beyond your email address, including your name, full address and phone number. In operating the Site or otherwise offering the Game, we might also request other information from you, including hardware specs, software performance metrics, game experience, and other demographic information that might be associated with your personal information, such as your gender, hobbies, occupation, platform preferences, and other game ownership information.

Please note that in utilizing certain areas of the Site (e.g. purchasing merchandise) or the Game (e.g. purchasing in-game currency), you will be requested to provide additional information in order to complete a purchase, such as your name, full address, phone number, internet protocol address (for fraud tracking purposes) and credit card information or other payment information depending on payment method selected. In most instances, information provided for payment purposes will also be shared with a third party payment provider, depending on the payment method used. Please see Section IV below regarding how third parties working on behalf of Artillery use your personal information.

In the event that you choose to create an Account and play the Game, we also collect certain information regarding your in-Game performance and/or interactions with other users (e.g., wins / losses, recent characters played, average number of kills / deaths etc.). These statistics are associated with your in-Game name and are publicly accessible by members of the Artillery community. In addition, we may share your in-Game statistics with third parties in accordance with the terms and conditions set forth in this Policy. To be clear, no personal information about you, such as your email address, IP address, or other sensitive information, will be shared as a part of this process.

If you Choose to use our referral service to refer a friend to our Site, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. Artillery stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

B. What Additional Information Does Artillery Collect?

(1) AUTOMATIC COLLECTION. Our servers automatically recognize visitors' domain names and internet protocol (IP) addresses (the number assigned to computers on the Internet). In addition, your web browser or Game software may transmit to Artillery certain geographic information or other information regarding your computer, including its capabilities, hardware specs and game data processing. No personal information about you is revealed in this process. The Site may also gather anonymous "traffic data" that does not personally identify you, but that may be helpful for marketing purposes or for improving the services we offer.

(2) COOKIES. From time to time, we may use the standard "cookies" feature of major browser applications that allows us to store a small piece of data on your computer about your visit to the Site. While we do not set any personally identifiable information in cookies, cookies help us learn which areas of the Site are useful and which areas need improvement. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at the Site may be diminished and some features may not work as they were intended.

(3) WEB BEACONS. Our Site pages contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site is used and may be used in some of our emails and online advertising to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.

C. What Does Artillery Do With Collected Information?

(1) PERSONAL INFORMATION. We will not share your personal information with any third parties without your consent, except as necessary to provide you with the services offered by us, to comply with the law or as otherwise described in this Policy. We may use your personal information to verify your identity or to check your qualifications, to inform you of any changes to the Site or Game, or to send you additional information about Artillery. We may also use your information to contact you should we believe that you are in violation of the Terms of Use Agreement (“Terms of Use”) or the End User License Agreement (“EULA”).

(2) ANONYMOUS INFORMATION. We use anonymous information to analyze the Site traffic, but we do not examine this information for individually identifying information. In addition, we may use anonymous IP addresses to help diagnose problems with our servers, to administer the Site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis.

(3) USE OF COOKIES. We may use cookies to deliver content specific to your interests, to save your password so you don't have to re-enter it each time you visit the Site, or for other purposes. Promotions or advertisements displayed on the Site may contain cookies. We do not have access to or control over information collected by outside advertisers on the Site.

(4) COMPELLED DISCLOSURES OF PERSONAL INFORMATION. We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (a) comply with requirements of the law or comply with legal process served on Artillery (b) protect and defend the rights or property of Artillery or the users of the Site or Game, or (c) act under unusual, extraordinary or emergency circumstances to protect the safety of the public or users of the Site or Game.

(5) SALE OF INFORMATION. In order to accommodate changes in our business, we may sell or buy portions of our company or other companies or assets, including the information collected through the Site or otherwise collected in connection with the Game. If Artillery or substantially all of its assets are acquired, customer information and personal information will be one of the assets transferred to the acquirer. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on the Site.

(6) ACCESS TO INFORMATION. At any time you may request access to the information that we have from you, or request that we remove all information about you from our database by contacting us in accordance with Section VI.A below.

D. Notice Concerning Children

PLEASE NOTE: We are a general audience site, and do not direct any of our content specifically at children under 13 years of age. The Site and the Game are not intended for children under the age of 13. We understand and are committed to respecting the sensitive nature of children's privacy online, and as such do not knowingly collect any personal information from any user under age 13. If we learn or have reason to suspect that a Site or Game user is under age 13, we will promptly delete any personal information in that user's Account.

II. SECURITY

The Site and the Game have security measures in place to help protect against the loss, misuse, and alteration of the information that we obtain from you. We store your personal information on our servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to protect the security of such information. In addition, we restrict access to personal information to Artillery employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Site and the Game. 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 through the use of the Game or the Site and we make no assurances about our ability to prevent any such loss or misuse to you or to any third party. You acknowledge and agree that you provide such information and engage in such transmissions at your own risk.

When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).

III. WEBSITE AREAS BEYOND OUR CONTROL

A. Public Forums and In-Game Chat Text

The Site may include a section for interactive “forums” in the form of message boards (the “Forums”) to which users with an Account and an in-Game name may post. Additionally, within the Game, you can participate in real-time interactive chat (“Chat”) with other players. Please remember that any information that is disclosed in the Forums or Chat becomes public information in which you relinquish any expectation of privacy. Remember that Artillery asks that you not disclose any personal information when posting in the Forums or in CHat, and you should exercise caution when deciding what information to share. We reserve the right, but shall have no obligation, to monitor your use of the Forums or Chat. To request removal of your personal information from our community forum, contact us at support@artillery.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

B. Third Party Websites

The Site contains links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.

IV. SERVICE PROVIDERS

We may share your personal information with service providers that we engage for the purpose of processing information on our and your behalf, such as to fulfill product orders, collect billing information and process payments. While providing services for us, these companies may access your personal information.

To the extent applicable, we require these entities to comply with this Policy and appropriate confidentiality and security measures. Some of the pages within the Site utilize masking techniques to serve content to you from our partners while preserving the look and feel of our Site. Please be aware that you are providing your personal information to these third parties, and are doing so pursuant to the third party’s privacy policy.

V. DISPUTE RESOLUTION

You agree that should any dispute or claim arise out of, or relate to, this Policy (“Claim”), you will attempt in good faith to negotiate a written resolution of the Claim directly with us. You agree that if the matter remains unresolved for thirty (30) days after one party has provided written notice of the Claim to the other party, all parties shall join in mediation services in San Francisco, California 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.

Artillery will send its notice to the address we have on file to the extent that you have provided additional contact information to us (e.g. by participating in a promotional or survey, or contacting a customer services representative). Otherwise, we will send our notice to the email address associated with your Account. You will send your notice to 2951 El Camino Real, Suite A, Palo Alto, CA, Attn: Legal Department. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim.

VI. CONTACT INFORMATION AND POLICY UPDATES

A. Contacting Us

If you have any questions about this Policy, our practices regarding your personal information related to the Site or Game, or if you would like to have us remove your information from our database and deactivate your Account, please feel contact us at support@artillery.com. If your personally identifiable information changes, or if you no longer desire our service, you may correct, update or amend it by emailing our Customer Support at support@artillery.com, or by contacting us by postal mail at the contact information listed below. We will respond to your request to access within 30 days. Please note that the deletion of your data will lead to the termination of your Account and applicable services. However, also note that when you delete your Account, we may retain your Account information for a reasonable period of time afterward for the purpose of internal account management and fraud prevention activities.

B. Updates and Changes

We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your Account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

BY USING THE SITE AND/OR THE GAME, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITE OR THE GAME.

C. Additional Policies

There are additional Artillery legal policies that govern your use of the Site and the Game. Please take time to review and familiarize yourself with both the Terms of Use and EULA.

Artillery: 2951 El Camino Real, Suite A, Palo Alto, CA, or by email at support@artillery.com.