Last Updated: August 8, 2016
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Your California Privacy Rights
If you are a resident of the State of California and would like to learn how your "personal information" (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third-parties, what categories of personal information that we have shared with third-parties in the preceding year, as well as the names and addresses of those third-parties, please e-mail us at: firstname.lastname@example.org; send us mail to: 120 Wall Street, 25th Floor, New York, NY 10005; or call us at: (347) 395-1040.
Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third-party for marketing purposes, please e-mail us at: email@example.com; send us mail to: 120 Wall Street, 25th Floor, New York, NY 10005; or call us at: (347) 395-1040. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law.
Personal Information that We Collect from You
In connection with completing the Site registration/App download process, and in connection with your use of certain of the EquityArcade® Offerings, the personal information collected by EquityArcade® may include, without limitation, depending on the applicable EquityArcade® Offerings requested: (a) full name; (b) e-mail address; (c) username and password; (d) how often you play games (for Investors); (e) how comfortable you are investing in games (for Investors); (f) the genre applicable to the game you are developing (for Developers); (g) the platform applicable to your game (for Developers”); (h) your billing address (for Investors); (i) your date of birth (for Investors); (j) your home and work telephone numbers (for Investors); (k) whether or not you are employed by a registered broker-dealer, securities exchange and/or FINRA (for Investors); (l) whether or not you are an officer, director or hold ten percent (10%) or more of the outstanding shares of a publicly traded company and, if the latter, whether you are the account holder or joint tenant of the applicable shares account (for Investors); (m) answers to questions pertaining to your general investment knowledge and investment experience (for Investors); (n) whether or not your net worth (excluding the value of your primary residence) is in excess of One Million Dollars ($1,000,000.00) (for Investors); (o) whether or not your individual income exceeded Two Hundred Thousand Dollars ($200,000.00) in the two (2) most recent taxable years, or joint income with a spouse exceeded Three Hundred Thousand Dollars ($300,000.00) in the two (2) most recent taxable years, and whether or not you have a reasonable expectation of maintaining the same income level in the future (for Investors); (p) whether or not you are a US citizen and, if not, your country of citizenship (for Investors); (q) if you are not a US citizen, whether or not you are a Resident Alien and, if not, your W-8 Form (for Investors); (r) your passport number or national I.D. number (for Investors); (s) your driver’s license number (for Investors); (t) your field of occupation, employer name and employer address, as applicable (for Investors); (u) your credit card information (for Investors); (v) your annual income (for Investors); (w) your net worth (for Investors); (x) whether you have invested in any crowdfunding offerings in the prior twelve (12) months and, if so, what the offering was, how much was invested and on what date the investment was made (for Investors); (y) your Social Security Number (for Investors); (z) all of the information requested on Form C of the Securities Act (for Issuers); and (aa) any other information requested by us on the applicable registration form. Where you access certain of the EquityArcade® Offerings using your Facebook® and/or LinkedIn® account, as applicable, EquityArcade® may collect some or all of the following (depending on your Facebook® and/or LinkedIn® account settings and the discretion of Facebook® and/or LinkedIn®, as applicable): (i) your Facebook® and/or LinkedIn®, as applicable, public profile; (ii) the e-mail address associated with your Facebook® and/or LinkedIn account®, as applicable; and (iii) any and all other information made available to EquityArcade® by and through your Facebook® and/or LinkedIn account®, as applicable.
How We Use Personal Information
Please be advised that EquityArcade® may share your personal information with its parents, subsidiaries and corporate affiliates (including Manorhaven Capital, LLC) for purposes of fulfilling your request for EquityArcade® Offerings and facilitating associated transactions between Developers and Investors. In addition, EquityArcade® may share your personal information (other than Sensitive Information) with its third party partner, for marketing purposes.
We may also employ third parties and individuals to perform certain functions on our behalf including helping us operate the EquityArcade® Offerings and/or to administer related activities. Examples include payment processing, sending direct and electronic mail, removing duplicate information from end-user lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our end-users' personal information as needed to perform their functions for us, but we do not permit them to use your personal information for other purposes.
We will also use your personal information for customer service, to provide you with information that you may request, to customize your experience on the Site and/or in the App and/or to contact you when necessary in connection with transactions entered into by you through the EquityArcade® Offerings. We may also use your personal information for internal business purposes, such as analyzing and managing our business. We may also combine the information we have gathered about you with information from other sources.
By registering on the Site and/or in the App, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the "Rule") and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
Access to your Personal Information by the Securities and Exchange Commission and other Securities Associations
Any and all personal information, non-personal information, User Content and other material made available by you in connection with the EquityArcade® Offerings shall at all times remain subject to periodic, special or other examination by representatives of the Securities and Exchange Commission (the “SEC”) and representatives of any other applicable national securities association to which EquityArcade® or Manorhaven Capital, LLC, as applicable, is a member.
Background and Securities Enforcement Regulatory History Check
Where you register as a Developer in order to promote one (1) or more Games to Investors by and through the Platform, EquityArcade® may, as required by applicable securities law, conduct a background and securities enforcement regulatory history check (“Securities Background Check”) on you. In addition, where the applicable Developer is a business entity, EquityArcade® may conduct a Securities Background Check on each officer and director of the Developer, as well as each beneficial owner of twenty percent (20%) or more of the Developer’s outstanding voting equity securities, calculated on the basis of voting power.
Credit Card Transactions
Social Media Websites, Interactive Services and Developer Listings
If you engage in any interaction with EquityArcade®, other end-users or any third party on any Social Media Pages or via the Interactive Services, and/or if you make a Developer Listing available by and through the Platform, you should be aware that: (a) the personal information that you submit by and through such Social Media Pages, Interactive Services and/or Developer Listings, as applicable: (i) can be read, collected and/or used by other end-users of the Site, App and/or Social Media Websites, as applicable and depending on your privacy settings associated with your accounts with the applicable Social Media Websites; and (ii) could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where EquityArcade® responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/users of EquityArcade’s® social media accounts.
We are not responsible for the personal information that you choose to submit on any Social Media Websites, via a Developer Listing and/or via the Interactive Services, as applicable. The Social Media Websites operate independently from EquityArcade®, and we are not responsible for such Social Media Websites’ interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the Social Media Websites with which you interact to help you understand those Social Media Websites’ privacy practices. If you have questions about the security and privacy settings of any Social Media Websites that you use, please refer to their applicable privacy notices or policies.
Non-Personally Identifiable Information
Mobile Device, Geolocation and App Usage Information
We may collect certain non-personally identifiable information about you and your mobile device (“Mobile Device”) when you access the App and/or visit certain App pages. This non-personally identifiable information includes, without limitation, the following information pertaining to your Mobile Device and your use of the App: (a) Mobile Device platform type; (b) Mobile Device identifier; (c) SDK version; (d) API key (identifier for the App); (e) App version; (f) iOS Identifier for Advertising (if applicable); (g) iOS Identifier for Vendors (if applicable); (h) Media Access Control (MAC) address; (i) International Mobile Equipment Identity (IMEI); (j) the model type, manufacture and iOS version and/or Android version of the Mobile Device; (k) your App session start/stop time and date; and (l) the actions taken while utilizing the App. We use the non-personally identifiable information identified in this paragraph to improve the design and content of the EquityArcade® Offerings and to enable us to personalize your App experience. We also may use this information in the aggregate to analyze EquityArcade® Offerings usage, and to alter existing EquityArcade® Offerings, or develop new or different EquityArcade® Offerings.
EquityArcade® does not use geolocation technology to track App end-users’ locations.
IP Addresses/Browser Type, Cookies and Action Tags
IP Addresses/Browser Type: We may collect certain non-personally identifiable information about you and your desktop computer and/or mobile device when you visit many of the pages of the Site and/or App, as applicable. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the EquityArcade® Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the EquityArcade® Offerings.
Action Tags, Web Beacons and other Data Collection Methods: An action tag or a web-beacon (also known as a clear gif or a pixel tag) is a method used to track responses or actions by visitors who view certain advertisements and/or other information on the Site and/or App, as applicable. Action tags are 1x1 pixel images embedded in a website page that are used to transparently collect information. We may use action tags to count the number of times that visitors click on a particular banner ad or visit the pages of the Site and/or App, as applicable, and to provide information about what offerings, products and/or services are viewed, selected and/or purchased, as applicable. We reserve the right to retain this action tag data indefinitely.
The EquityArcade® Offerings may contain links to other third-party owned and/or operated websites including, but not limited to, Social Media Websites and the websites of our Registered Users and/or Third Party Providers. EquityArcade® is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of their third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and EquityArcade® has no responsibility or liability relating to them.
We endeavor to safeguard and protect our end-users’ personal information. When end-users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts end-users to enter Sensitive Information (such as credit card or bank account information), and when we store and transmit such Sensitive Information, that information is encrypted with advanced TLS (Transport Layer Security).
Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All of our end-users’ personal information is restricted in our offices, as well as the offices of our third party service providers. Only employees or third party agents who need end-user personal information to perform a specific job are granted access to end-user personal information. Our employees are dedicated to ensuring the security and privacy of all end-user personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store end-user personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site, App, other EquityArcade® Offerings or otherwise via the Internet or wireless network, is done at your own risk.
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
No information should be submitted to, or posted by and/or through, the Site and/or App by visitors under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age). Persons eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age) are not permitted to access the EquityArcade® Offerings and we do not knowingly collect personal information from such individuals. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
Removal, Amending and/or Updating Your Information
At your request, we will: (a) inform you of what personal information we have on file for you; (b) amend the personal information that we have on file for you; and/or (c) remove personal information that you have provided to us, or that we have collected. You may do so by contacting us via e-mail at: firstname.lastname@example.org; provided, however, that we ask individuals to identify themselves and the information requested to be accessed, amended or removed before processing such requests and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Please be advised that deleting your personal information may terminate or limit your ability to utilize certain of the EquityArcade® Offerings. If you wish to utilize the EquityArcade® Offerings without any hindrance or limitation, you may not delete the personal information that we have on file for you.
Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
To opt-out of receiving e-mail communications from us, you can follow the instructions at the end of the applicable e-mail message or e-mail us at: email@example.com.
E-mail messages are prepared for delivery several days in advance, so end-users may continue to receive e-mail from us for up to ten (10) days following the unsubscribe procedures detailed above. In addition, after unsubscribing, we cannot guarantee that you will never receive another mailing from us, because we may obtain your e-mail address in the future through a different EquityArcade® program that you have opted in to. If, after that point, an end-user is still receiving e-mail from us, the end-user should contact us at: firstname.lastname@example.org.
Notwithstanding the foregoing, we may continue to contact you for purposes of communicating information relating to your request for EquityArcade® Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving EquityArcade® Offerings-related and/or inquiry response-related messages from us, you must cease requesting EquityArcade® Offerings, and cease submitting inquiries to us, as applicable.
Transfer of Personal Information Internationally
Filing a Complaint with the Federal Trade Commission
To file a complaint regarding our privacy practices, please Click Here.