(last modified: January 15, 2013)
- “Personal Information” – generally means information about you as an identifiable individual, but excludes business contact information, specific publicly available information, and Gamer Information.
- “Gamer Information” means information about activity on the Site by you as a member which is not itself personally identifiable with you and is therefore not Personal Information, but which may be linked (on a non-identifiable basis) to your account information, and includes your (a) Username or Alias, (b) Skill Rating, (c) Top Players Ranking (if any) and Virgin Gaming Points balance, (d) scores in games and tournaments, (e) gaming preferences and personal motto, (f) summary of gaming activity, including when you joined, and the number of games that you have played, (g) winnings from games and tournament, and (h) footage of gameplay in promotional materials such as trailers which may be displayed on the Site, or on website run by other parties including those of our marketing partners (for example, "play of the week", "highlight reel" or similar content).
Virgin Gaming is accountable for all Personal Information in its control. This includes information under the direct control of Virgin Gaming, as well as Personal Information that Virgin Gaming may transfer to its affiliates or to third party service providers, in each case for the purposes of (i) performing support functions, such as payment processing, business analytics, customer support, printing and mailing, data storage and destruction, and (ii) marketing any of Virgin Gaming’s products and services. Virgin Gaming will use contractual or other measures to require third parties that process information or provide services on our behalf to maintain a level of privacy protection comparable to our own practices.
Virgin Gaming Privacy Officer
2. COLLECTION OF INFORMATION
A. What information is collected through the sites?
Types of Information
We collect two types of information from you when you visit the Site: information that does not identify you personally ("Non-Personal Information"); and Personal Information, as defined in more detail above).
(i) Non-Personal Information
As examples of Non-Personal Information, we collect:
- through our Web servers, automatic recordings of certain technical information related to your visit to the Site. This information is anonymous and does not identify you personally. It includes things such as: the Internet domain for your Internet service provider; the Internet Protocol (IP) address of the computer accessing the Site; the address of the last webpage that you visited prior to clicking through to the Site; the browser used and the type of computer operating system that your computer is using; information about your computer hardware; the date and time that you visited the Site; and a record of which pages you viewed while you were visiting the Site;
- demographic information which does not identify an individual; and
- Gamer Information.
(ii) Personal Information
We collect Personal Information as follows:
(a) Initial Registration: from you, in connection with completing the “one step registration” required for you to create a free, basic user account (a "Basic Account"):
- your email address for the purpose of (A) verifying your identity by emailing you, (B) you logging in, (C) marketing upcoming game tournaments to you, and (D) emailing game results to you;
- your date of birth, for the purpose of ensuring that you are permitted to create an account based upon your age,
- where you reside, for the purpose of ensuring that you are permitted to create an account based upon your jurisdiction, and
- you user name, for the purpose of identifying you.
(collectively, the “Basic Information”).
(b) Deposit Funds into the Basic Account: from you, for the purpose of creating and depositing funds to the your Basic Account which will allow the Individual to enter cash games and tournaments (a "Real Money Account"), in addition to the Basic Information:
- your first name and last name;
- the following information with respect to your credit card: type, number, expiration month, expiration year and card verification number; and
- the following billing information: your street address, city, postal code, province and country.
(c) Withdraw funds from Real Money Account: from you, for the purpose of confirming your identity:
- your Paypal email address, first name, last name; and
- your street address, city, postal code, province and country, and phone number.
(d) Withdraw funds from Real Money Account and Claim Prizing: from Individuals, for the purpose of confirming their identity:
- Name, photograph, age and address (via a copy of your driver’s license or utility bill);
(e) Edit profile: from you, for the purpose of updating your contact information, your “site information”, your password, and your communication preferences:
- your first name, last name, Individual’s street address, city, postal code, province and country;
- your time zone; your avatar; and your PlayStation Network ID and XBOX Live Gamertag (in order for you to make or accept game challenges, and for us to track your game results;
- in response to our “About you” query, a sentence about the Individual for the purpose of the Individual’s profile;
- your old and new password; and
- your communication preferences.
(f) Game challenges (on first challenge): from you, your PlayStation Network ID and XBOX Live Gamertag, and Electronic Arts email address, in order to make or accept game challenges, and for us to track your game results
The Site also provide you with certain ways to voluntarily give us your Personal Information, as follows:
- from social network sites (“SNS”), where you decide to create an account by logging into a SNS via the Site, certain Personal Information which you have provided the SNS (for example, the name, email address and other Personal Information which the Individual has made publicly available via the SNS, in each case depending on the privacy settings of the Individual on the SNS), for the purpose of completing the opening of the account. For example, see below for details for when you join by Facebook;
- from you, through your interaction with the Site (for example, information about which games were played, player rating information and player game statistics);
- from you, through your completion of contest forms or other participation in promotional efforts, for the purpose of such contests and promotions, including for the purpose of awarding prizes;
- from you, through your completion of surveys, for the purpose of gathering your opinions and comments in regard to Virgin Gaming’s products and services;
- from you, through using links contained on the Site to send Virgin Gaming an email message which contains such information, for the purpose identified at the point of collection on the Site;
- from you, to the extent that you post content with such Personal Information to chat windows, user fora or similar fora on the Site, for the purpose of each such forum; and
- from you, to the extent that you provide Personal Information when you contact Virgin Gaming's Customer Care representatives via live chat or email.
- from you, through you voluntarily disclosing information about yourself when you use the "Invite Your Friends / Tell-A-Friend" feature, for the purpose of inviting others to create Basic Accounts or Real Money Accounts;
- about other individuals who are identified as your “friends”, in the form of the names and e-mail addresses of your friends when you use the "Invite Your Friends / Tell-A-Friend" feature on the Site, for the purpose of inviting others to create Basic Accounts or Real Money Accounts;
In order to provide a fair playing environment for all users and to protect the integrity of the Site, we also collect Personal Information which we use to investigate complaints of cheating or behavior that we believe may be contrary to the T&Cs, including the Rules of Conduct. This may include screenshots of players' computer desktops or footage of in-game play.
In addition to collecting Personal Information directly from visitors to the Site, we may also collect Personal Information from third parties such as marketing partners to which permission has been granted to share that information with us.
B. What are "cookies" and how does the Site use them?
A cookie is a small text file containing a unique identification number that is transferred (through your browser) from a website to the hard drive of your computer. The cookie identifies your browser but will not let a website know any Personal Information about you, such as your name or address. These files are then used by such websites as a kind of electronic identification tag when users revisit that site. Since cookies are only text files, they cannot run on your computer, search your computer for other information, or transmit any information to anyone.
C. Personal Information about Children
Our Site is intended for a general audience and we do not knowingly (a) allow people under 18 years of age to create accounts on the Site and (b) collect Personal Information from people under 18 years of age through our Site. In addition, in the event that a visitor to our Site identifies himself or herself as a person under the age of 18, we will not collect, store or use any Personal Information of such individual. In the event that we receive Personal Information that we discover was provided by a person under the age of 18, we will promptly delete all such Personal Information not required for purpose of continuing to block such person’s use of the Site, and will comply with applicable laws, including, as applicable, the U.S. Children's Online Privacy Protection Act.
D. Limits to Collecting Personal Information
We limit the type of mandatory information collected by us. We collect only the Personal Information that is required for the purposes described in the following paragraphs under the heading "Use and Disclosure of Personal Information" below (the “Purposes”).
3. USE AND DISCLOSURE OF PERSONAL INFORMATION
We use and disclose your information for the following purposes.
A. Internal Uses
We collect, use and disclose your Personal Information for such purposes to which you consent at the time of collection or in any case prior to such use, and as otherwise permitted or required by applicable law, including:
- to operate our Site; to open and maintain your customer accounts with us, deposit funds into such accounts, and withdraw funds from such accounts; to edit your profile; and for the purpose of game challenges, in each case as more particularly described above;
- to provide a product or service requested by you;
- to contact you regarding updates to the Site, your account status, our new products and services and upcoming events, changes to our products and services;
- to collect subscription and entry fees from you and to process payments;
- for promotional or related purposes without additional compensation, including with respect to tournaments and the awarding of prizes;
- to prevent fraud and protect the integrity of the Site;
- to deliver prizes to you; and
- to ensure that you comply with the T&Cs (including in order to facilitate a fair gameplay environment) and are permitted to create an account based upon your age and where you reside.
Also, if you use the "Invite Your Friends / Tell-A-Friend" feature, we will use the name and e-mail address that you provides to invite your friend to create a user account.
When you create your account and when we collect your Personal Information, you can customize these preferences. If you wish to change your account preferences to modify the ways that we contact you, please contact Customer Care or, in the case where we use your Personal Information to communicate with you via email, use the "unsubscribe" link included in all email messages sent on our behalf.
B. Related Entities and Authorized Third-Party Service Providers
In addition to sharing information between entities comprising the Virgin Gaming group for the Purposes, and in order to better serve our customers, we may transfer Personal Information to third-party service providers who are legally or contractually obligated to only use the information to help us provide our Services and not for any other purpose. For example, Virgin Gaming uses outside contractors for the purposes of (i) performing support functions, such as payment processing, business analytics, customer support, printing and mailing, data storage and destruction, and (ii) marketing any of Virgin Gaming’s products and services.
From time to time such Virgin Gaming group entities and third parties may hold, use or disclose your Personal Information outside of Canada, and while outside of Canada such Personal Information may be accessed by regulatory authorities pursuant to the laws of such other jurisdictions.
These third parties may be located in the United States, Canada or elsewhere.
C. Co-Branded Partners
D. Marketing Partners
To the consent that you consent, we may also disclose Personal Information you provide us to third party marketing partners who provide products, information or services you have expressly requested or which we believe you may be interested in purchasing or obtaining, in order that they may provide you with information regarding such products, information or services. In doing so, we will make reasonable efforts to ensure that these third parties only use the Personal Information for our stated Purposes and that they provide a method of opting out from receiving future communications from such parties, but we shall not otherwise be responsible for their handling or dissemination practices with respect to Personal Information. If you subsequently wish to change your account preferences to not receive information from such third party marketing partners, please contact Customer Care or use the "unsubscribe" link included in email messages sent by such parties.
E. Legal Compliance
There may be instances when Virgin Gaming may disclose Personal Information without providing notice or choice, as required or permitted by applicable laws, which may include (i) where required pursuant to a subpoena, other form of legal process or request on behalf of any local, provincial, state, or federal governmental department or agency; (ii) in an emergency, to protect the safety and physical security of users of the Services or members of the public; or (iii) to investigate breaches of agreements or Canadian law.
F. Business Transfers
If Virgin Gaming sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Virgin Gaming may transfer your Personal Information to the party or parties involved in the transaction as part of that transaction.
4. OBTAINING CONSENT
In most cases, when we do collect Personal Information directly from an individual, the Purposes for which the individual provides us with the information – for example, as required for us to effectively provide our Services – will be clear, and as such, consent to the collection and use of Personal Information for those Purposes will be implied by use of the Services. If we choose to use Personal Information already in our possession for a purpose that was not identified at the time we initially collected the information, we will seek the consent of the affected individuals before using this information for the new purpose. Please note that if the new purpose is required or permitted by law, Virgin Gaming is not required to seek the consent of the affected individuals and may not do so. Individuals may withdraw consent to the collection, use and disclosure of their Personal Information at any time, subject to certain restrictions set out in applicable privacy legislation, but should recognize that by doing so they may be unable to utilize the Services and products offered on the Site. When a member uses the "Invite Your Friends / Tell-A-Friend" feature, we rely on that individual to obtain the consent of their friend to allow us to use that information to invite them to create a user account.
5. MANAGEMENT OF PERSONAL INFORMATION
Virgin Gaming has policies and procedures as to how long it retains information that it collects. Personal Information that is no longer required to fulfill the Purposes is either destroyed, erased or rendered anonymous to prevent unauthorized parties from gaining access to the information.
We retain Personal Information received from third parties in accordance with our legal and contractual obligations. The file containing your Personal Information will be made available to the authorized employees, contractors or agents of Virgin Gaming who need to access the information in connection with the Purposes, and will be held primarily in an electronic database.
Virgin Gaming has implemented a variety of commercially reasonable security safeguards to protect Personal Information in our control against loss, theft, misuse and interception by third parties. These safeguards include organizational, technical and physical measures designed to protect information from unauthorized access, disclosure, copying, use or modification. Among the steps taken are:
- premises security;
- restricted file access to Personal Information;
- technology safeguards, including security software, firewalls to prevent hacking and other unauthorized computer access; and
- internal password and security policies.
However, please note that no data transmission or storage can be guaranteed to be 100% secure. We are committed to protecting your Personal information, but we cannot ensure or warrant the security of any information you transmit to us. Please take reasonable steps to guard against identity theft, including 'phishing' attacks. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. In the event of unauthorized use of your password or account or any other breach of security, you must notify Virgin Gaming immediately and promptly change your password.
6. ACCURACY AND CURRENCY OF PERSONAL INFORMATION
Virgin Gaming is committed to open and fair privacy practices which comply with applicable privacy legislation.
Any individual may request access to their Personal Information held by Virgin Gaming by contacting Virgin Gaming's Privacy Officer in writing. After receiving such a request, our Privacy Officer shall inform the individual of the existence, use and disclosure of their Personal Information and shall allow the individual to access such information.
In certain circumstances to the extent permitted or required by applicable law, access to Personal Information may be denied. If we deny an individual's request for access to their Personal Information, we will advise such individual in writing of the reason for the refusal and they may then challenge our decision.
Where Personal Information is used on an on-going basis, Virgin Gaming undertakes to correct any information that is shown to be inaccurate, incomplete or not up-to-date. Otherwise, Virgin Gaming does not routinely update Personal Information. It is the member's responsibility to provide us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if a member does not provide us with accurate, truthful or complete information or Personal Information or the member fails to update such information or Personal Information
The Site is governed by and operated in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions, and you hereby consent to the exclusive jurisdiction of and venue in the courts of the Province of Ontario located in Toronto, Ontario, Canada, in all disputes arising out of or relating to the Services. Notwithstanding any other provisions of this Policy or the T&Cs, we may seek injunctive or other equitable relief from any court of competent jurisdiction. You agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action.
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