PlayFirst, Inc. Online Privacy Policy

Finally, the terms of this Privacy Policy are subject to all applicable laws.

Information You Provide to Us

We will collect personal information from you when you use certain features on our website. For example, we collect personal information when you:

1. create an account
2. subscribe to our newsletter
3. use tell a friend features
4. create a public profile
5. make a purchase or send a gift
6. participate in promotions
7. post on our forums or participate in our chat rooms
8. submit a game
9. submit a game review
10. submit a high score
11. participate in our survey
12. sign up to participate in our beta program ("FirstPeek")
13. contact us (such as to report abuse or to submit customer service request)

Depending on the activity, this information may include:

1. name
2. e-mail address (both your address and the recipient address for gift purchases and Tell a Friend).
3. address
4. phone number
5. credit card information
6. instant messenger ID
7. unique computer ID number (used for registering trial periods)
8. other comments that you provide to us

Additionally, we may also collect other types of information (known as demographic information) such as your date of birth, gender, hobbies, occupation, resume, company info, or computer or game related information. This demographic information may be associated with your personal information.

Information Collected Through Technology

When you visit our website, we passively collect information through technology to enhance the functionality of our website and games. We collect information through technology in the following ways:

To optimize our website, when you visit our website we automatically collect and store: the Uniform Resource Locator (URL) of the website from which you linked directly to our website; the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access our sites; and the URL of your destination after you leave our website.

We use "Cookies" to provide you with a more personal and interactive experience on our website. Cookies are pieces of information that a website stores on your computer. We use cookies to maintain your website preferences, to automate your log-ins to our website, and to track downloads or referrals. This information may be associated with the personal information available in your account.

We use "Clear GIFs" to analyze traffic on our websites, and within HTML e-mails to determine whether the e-mails have been opened. Clear GIFs (also called Web Beacons, or Web Bugs) are small images embedded on web-pages and in email communications. We do not use clear GIFS to collect or store any of your personal information.

We use "Digital Rights Management" (DRM) technology to control access to our products. Upon expiration of the trial period for a game, DRM requires a user to submit a confirmation code or username/password. Our DRM technology assigns a unique ID to your computer, in order to ensure that a user can have only one trial period. In addition, we use DRM to allow a user to submit feedback including ratings, comments and game-play data. This information may be associated with the personal information available in your account.

We use "Game Play Tracking" technology to understand how our games are being played. This technology logs information such as date, version, the timing and tracking of mouse clicks and keyboard actions, scoring, game progress, and system information. This information is not associated with your personal information, except in the case of beta testers in the FirstPeek program.

We use "Game Updater" technology to ensure that the games being played on our website will function properly and are of the required version. The Game Updater will send information about the game installation such as a unique installation identifier, game version, game name and operating system version to PlayFirst. Game updater does not collect any personal information. The Game Updater will also check your computer automatically for previously downloaded PlayFirst games so it may offer you available promotional upgrades. In such instance, the Game Updater will only transmit information (such as the game version and the options that you have selected) to us if you click to sign up for the offer or to find out more about the offer.

We incorporate in some games an "Online Service" (which we refer to as "Together" in some instances) to enable access from within the game to our website and online services including profiles, medals and badges, chat, player matching, high scores and other online or multiplayer functionality between one or more users. The Online Service is downloaded and installed with some games and accesses our website to provide its functionality; accordingly this Online Service is part of our website. Use of the Online Service is optional and is not required to play the game except to use those functions which must connect to our website or the Internet such as chat, online store, and multiplayer game play. PlayFirst collects, through its logs, all your activities during your use of the Online Service, including, but not limited to click paths, chat, advertising, purchase, and multiplayer game play information. If you make a purchase in an online store within the game, PlayFirst will collect information such as the billing address, credit card information, items browsed, and your prior purchases. This information will be tied to a unique computer ID that will be assigned to your computer when you use the Online Service (and if you are logged in through a PlayFirst Account, your PlayFirst Account). Some features of the Online Service may require that you have a PlayFirst Account before its use. This information may be used by us to enable the Online Service to function, identify abuse, ensure compliance with our Terms of Service, and to understand patterns of play behavior in order to provide better services to the visitors of our Site. You must be at least 13 years old to use the Online Service.

Advertisements that are managed by third parties may be placed on our website. These companies are called "Network Advertisers." Network advertisers who may place advertisements on our websites may also use cookies and web beacons to collect non-personal information when you click on or move your cursor over one of their banner advertisements. You may not realize this information is being collected. In some cases, we may have access to information from web beacons and cookies used by network advertisers on our sites and this information may permit us to identify other sites that you have visited that are also associated with the network advertiser. Finally, once you've clicked on an advertisement or third party logo and have left our websites, our Privacy Policy no longer applies and you must read the privacy policy of the advertiser to see how your personal information will be handled on their website.

Toolbars. PlayFirst provides its Users and visitors with the option of downloading and installing the Ask.com toolbar product with certain PlayFirst games (the "Ask.com Toolbar"). If a User or visitor downloads the Ask.com Toolbar, Ask.com will collect certain information, including IP Address, from any such user or visitor, as disclosed in the end user agreement such User or visitor must consent to in order to download and install the Ask.com Toolbar. Please note that Ask.com's Terms of Service and Privacy Policy are included in the Ask.com end user agreement. PlayFirst's Privacy Policy is not applicable to any activities a User or visitor may conduct on Ask.com or via the Ask.com Toolbar.

Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to these outside websites.

PlayFirst makes available games from third party licensors. Those games may collect or transmit certain data to those licensors (e.g., high score postings) and -in addition to the PlayFirst Privacy Policy and Terms of Use that apply- your use of any games is also subject to the applicable end user license agreement and licensor privacy policy. PlayFirst is not responsible for the activities of those third party licensors.

We do not knowingly collect personal information from children under 13.

PlayFirst Activities and Updates

We use your personal information to:

• respond to your requests for information and newsletters,
• provide you with access to games and services,
• provide product support and customer services,
• determine if you are eligible to receive certain products or services,
• respond to your FirstPeek feedback,
• provide you with additional information that may be of interest, including marketing materials, and
• for other everyday business purposes, such as product development, job applications, and website administration.

Sharing of Information with Third Parties

We do not generally sell, trade, rent or share your personal information with third parties though we may directly pass onto you information from third parties that we think may be of interest. Only when you expressly opt-in to receive communications, such as through a check-box, from "selected third parties whose products or services PlayFirst thinks might be of interest to you," will we share your e-mail address with those parties.

Public Display of Information

If you participate in chat, online forums, Challenge Circles, have a public profile, or post your high scores, your username will be visible to the public. You may also display your name, contact info through some of these services. In addition, our chat and forums allow you to communicate with members of the online community. Whenever you give out personal information in public areas, that information can be collected and used by people you don't know.

Service Providers

We occasionally employ other companies to perform services necessary to our internal operations. For example, we may partner with other companies to fulfill an order for games, deliver promotional emails, or provide customer service. While providing services for us, these companies may access your personal information, and are required to use it solely as directed by us for the purpose of our requested service. These companies are obligated to maintain your personal information in confidence. We may also provide postal addresses to the U.S. Post Office or other couriers for delivery purposes.

Purchase or Sale of Businesses

Although we currently do not have a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, "Affiliates"), this may change in the future. We may share some or all of your Personal Information with these Affiliates, in which case we will require our affiliates to honor this Privacy Policy. If our company or our assets are acquired by another company, that company will possess the personal information collected by us and it will assume the rights and obligations regarding your personal information as described in this Privacy Policy. The provisions of this paragraph will also apply if we are sold as part of bankruptcy proceedings.

Disclosures Required By Law and Disclosures to Help Protect the Security and Safety of Our Websites and Others

Please note that we may disclose any information as permitted or required by law, when we believe in good faith it is necessary for safety purposes, required for legal reporting, or to protect our legal rights or enforce our Terms of Use or any contest rules. We may also disclose information about you to our auditors or legal advisors, or in response to a subpoena.

Aggregate Information

We may take your personal information and make it non-personally identifiable. We do this either by combining it with information about other individuals (aggregating your information with information about other individuals), and by removing characteristics (e.g., your name) that make the information personally identifiable to you. This process is known as de-personalizing your information. We may use de-personalized information in any way and share it with third parties.

If you signed up to receive newsletters or other emails from us, you can opt-out any time simply by clicking the unsubscribe link at the bottom of the message, or by sending an email to our online customer support. If you have opted-out from receiving communications from us, we share that information with the third parties who perform services on our behalf so that they do not contact you on our behalf.

Your California Privacy Rights

Since 2005, California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We may share our customer's personal information with unaffiliated third parties for their own direct marketing purposes.

If you would like to know

1. the categories of personal information that we disclosed in the prior calendar year to such third parties about you for the purposes of the third parties' marketing, and/or
2. the names and addresses of such third parties, please contact us through our support form at http://www.PlayFirst.com/help/support.html.

Any personal information you provide to the above e-mail and postal mail addresses will not be used to send you promotional materials, unless you request it.

PlayFirst, Inc. is a licensee of the ESRB's Privacy Online Program. If you believe that we have not properly responded to your inquiry, please contact ESRB at http://www.esrb.org/privacy/contact.jsp: