Privacy Policy

PRIVACY POLICY

Scary Wheels has adopted this privacy policy (“Privacy Policy”) to explain how Scary Wheels collects, stores, and uses the information collected in connection with Scary Wheels’s products, services and websites including, but not limited to Scary Wheels’s Games, Scary Wheels Games on-line stores.

Should you have any questions relating to this Privacy Policy, please contact us at privacy[a] scarywheels.com.

BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY AND GIVE AN EXPLICIT AND INFORMED CONSENT TO THE PROCESSING, USE AND DISCLOSURE OF YOUR PERSONAL DATA IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT INSTALL, USE, REGISTER TO OR OTHERWISE ACCESS THE SERVICES. Scary Wheels reserves the right to modify this Privacy Policy at reasonable times, so please review it frequently. Your continued use of Services will signify your acceptance of the changes to this Privacy Policy.

1. Non-personal data

For purposes of this Privacy Policy, “non-personal data” means information that does not directly identify you. Additionally, non-personal data means “aggregate” and “de-personalized” information, which is data Scary Wheels collects about the use of Scary Wheels Services, from which any personally identifiable data has been removed.

Scary Wheels may use tools or third party analytical software to automatically collect and use certain non-personal data that does not directly enable Scary Wheels to identify you. The types of non-personal data Scary Wheels may collect and use include, but are not limited to: (i) device properties, including, but not limited to IP address, Media Access Control (“MAC”) address and unique device identifier or other persistent or non-persistent device identifier ("Device ID"); (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data such as zip code, area code and coarse location; (v) game progress, time used playing, score and achievements; (vi) other non-personal data as reasonably required by Scary Wheels to enhance the Services and other Scary Wheels products and services.

Scary Wheels may use Flurry analytics tool in order to develop and analyze use of the Services. If you wish to opt-out from Flurry analytics, please follow this link: http://www.flurry.com/resources/privacy.html.

Scary Wheels may use and disclose to Scary Wheels’s partners and contractors the collected non-personal data for purposes of analyzing usage of the Services, advertisement serving, managing and providing the Services and to further develop the Services and other Scary Wheels services and products.

You recognize and agree that the analytics companies utilized by Scary Wheels may combine the information collected with other information they have independently collected from other services or products relating to your activities. These companies collect and use information under their own privacy policies.

Scary Wheels may supplement your personal and non-personal data with data received from third parties in connection with demographic, advertisement, market and other analytics surveys or services.

2. Ad Serving Technology

Scary Wheels reserves the right to use and disclose the collected non-personal data for purposes of advertisement by Scary Wheels or Scary Wheels’s partners and contractors. Scary Wheels may employ third party ad serving technologies that use certain methods to collect information as a result of ad serving through Services. Scary Wheels or third parties operating the ad serving technology may use demographic and location information as well as information logged from your hardware or device to ensure that appropriate advertising is presented within the Service. Scary Wheels or third parties may collect and use data for this purpose including, but not limited to IP address (including but not limited to for purposes of determining your coarse location), Device ID, MAC, software, applications, hardware, browser information, internet and on-line usage information and in-game information. The foregoing data may be used and disclosed in accordance with this Privacy Policy and the privacy policy of the company providing the ad serving technology.

You recognize and agree that the advertising companies who deliver ads for Scary Wheels may combine the information collected with other information they have independently collected from other services or products. These companies collect and use information under their own privacy policies. These ad serving technologies are integrated into Services; if you do not want to be subject to this technology, do not use or access Services. Although Scary Wheels takes commercially reasonable steps to instruct such advertising companies to comply with the terms and conditions of this Privacy Policy, Scary Wheels does not have access to or control of third party technologies.

Scary Wheels may display to you behaviorally targeted advertising. If you wish to "opt out" of certain targeted advertising, please visit http://www.youradchoices.com and/or www.networkadvertising.org. Please note that the links above may not reach all Scary Wheels’s advertising partners and certain behaviorally targeted advertising may still be displayed to you. If you want to be certain that no behaviorally targeted advertisements are not displayed to you, please do not use or access the Services. Additionally please note that if you “opt out” it does not mean that you will no longer receive advertising. It just means that the advertising you see displayed will not be customized to you and your interests and may be less relevant to you.

3. Location Data

To the extent Scary Wheels makes location enabled Services available and you use such Services, Scary Wheels may collect and process your location data to provide location related Services and advertisements. For example, some add-ons or offers may be available at dedicated locations. Scary Wheels may use various technologies to determine location, such as GPS, Wi-Fi or other network-based data such as IP address. Your GPS geo-location is not accessed without your consent. Notwithstanding Scary Wheels’s partners who are providing location related parts of the Service, Scary Wheels will not share your GPS geo-location with third parties without your consent. To the extent Scary Wheels makes available GPS geo-location to third parties in accordance with this Privacy Policy, it will be provided anonymously. Please note that Scary Wheels may share your anonymous coarse location with its partners.

4. Personal Data

For purposes of this Privacy Policy, “personal data” means personally identifiable information that specifically identifies you as an individual.

Likely situations when you make personal data available to Scary Wheels include, but are not limited to: (i) registration for Services, contests and special events; (ii) accessing Services using a third party ID, such as social networking sites or gaming services; (iii) subscribing to newsletters; (iv) purchasing a product or services through Scary Wheels’s online stores; (v) using “tell a friend,” "email this page," or other similar features; (vi) requesting technical support; and (vii) otherwise through use of Scary Wheels Services where personal data is required for use and/or participation.

The types of personal data may vary depending on the type of activity you are engaged in. The personal data Scary Wheels may collect, process and use may include, but are not limited to your name, screen/nick name, Scary Wheels Services’ or third party service ID, e-mail address, phone number, photo or other image, birth date, sex, address, friend connections, avatar image, credit card information, shipping information; and location (only if directly identifiable to you, otherwise Scary Wheels treats location as non-personal data).

If you choose to use Scary Wheels’s "tell a friend" or a similar service about Scary Wheels Services or order a gift certificate for your friend, Scary Wheels may store your friend's name and contact details that you provide to Scary Wheels.

Scary Wheels may use personal and non-personal data, both individually and combined together, for purposes of analyzing usage of the Services, providing customer and technical support, managing and providing Services (including managing advertisement serving), customizing Scary Wheels’s communications and to further develop the Services and other Scary Wheels services and products. Scary Wheels may combine non-personal data with personal data.

Scary Wheels may use your personal data to send messages to you with informative and/or commercial content about Scary Wheels’s services or third party products and services Scary Wheels thinks may be of interest to you, such as new features and services, special offers and updated information.

Please note that certain features of the Services may be able to connect to your social networking sites to obtain additional information about you. In such cases, Scary Wheels may be able to collect certain information from your social networking profile when your social networking site permits it, and when you consent to allow your social networking site to make that information available to Scary Wheels. This information may include, but is not limited to, your name, profile picture, gender, user ID, email address, your country, your language, your time zone, the organizations and links on your profile page, the names and profile pictures of your social networking site “friends” and other information you have included in your social networking site profile. Scary Wheels may associate and/or combine as well as use information collected by Scary Wheels and/or obtained through such social networking sites in accordance with this Privacy Policy.

5. Disclosure and Transfer of Personal Data

Personal data may be disclosed in accordance with applicable legislation and this Privacy Policy. Additionally, Scary Wheels may disclose personal data to its parent companies and its subsidiaries in accordance with this Privacy Policy.

Scary Wheels may hire agents and contractors to collect and process personal data on Scary Wheels’s behalf and in such cases such agents and contractors will be instructed to comply with our Privacy Policy and to use personal data only for the purposes for which the third party has been engaged by Scary Wheels. These agents and contractors may not use your personal data for their own marketing purposes. Scary Wheels may use third party service providers such as credit card processors, e-mail service providers, shipping agents, data analyzers and business intelligence providers. Scary Wheels has the right to share your personal data as necessary for the aforementioned third parties to provide their services for Scary Wheels. Scary Wheels is not liable for the acts and omissions of these third parties, except as provided by mandatory law.

Scary Wheels may disclose your personal data to third parties as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or Scary Wheels to legal liability. Scary Wheels may also disclose your personal data to third parties when Scary Wheels has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with Scary Wheels’s rights, property, operations, users or others who may be harmed or may suffer loss or damage, or Scary Wheels believes that such disclosure is necessary to protect Scary Wheels’s rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Scary Wheels. To the extent permitted by applicable law, Scary Wheels will make reasonable efforts to notify you of such disclosure through Scary Wheels’s website or in another reasonable manner.

6. Data Retention and Correctness

Scary Wheels retains the data collected pursuant to this Privacy Policy for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Thereafter if the collected data is no longer needed for purposes specified in this Privacy Policy, Scary Wheels deletes all aforementioned data in its possession within a reasonable timeframe. Scary Wheels does not verify the correctness of personal data.

Irrespective of the above, Scary Wheels may still retain some of the data to the extent such retention is necessary to resolve disputes, enforce Scary Wheels user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of Services.

7. Cookies, beacons and tracking

The Services may use “cookies” and other technologies such as pixel tags, locally shared objects, clear GIFs and web beacons. Scary Wheels treats information collected by cookies and similar technologies as non-personal data.

Cookies: A “cookie” is a small bit of record-keeping information that websites often store on a user's computer. Scary Wheels’s cookies do not include personal data and are typically used to quickly identify your device and to “remember” you. You can disable cookies or set your browser to alert you when cookies are being sent to your device; however, disabling cookies may affect your ability to use the Services.

Flash cookies & HTML5: Scary Wheels may also use Flash cookies (locally shared objects) and HTML5 storage (locally stored objects). Locally shared objects are small files similar to browser cookies and are used to remember your settings to personalize the look and feel of the Services. Locally shared objects only collect data in the aggregate. You may prevent locally shared objects from being placed by disabling locally stored objects in your browser or visit www.adobe.com. Locally stored objects, such as HTML5 Web Storage, are used for similar purposes as cookies but typically may contain a greater amount and different types of data than browser cookies.

Web Beacons and pixel tags: A “web beacon” or a “pixel tag” is an electronic image that allows Scary Wheels to count users who have visited certain pages or viewed certain advertisements. Web beacons, like cookies, do not include personal data. E-mails and other electronic communications Scary Wheels sends to you may contain pixel tags that enable Scary Wheels to track your usage of the communication, including whether the communication was opened and/or what links were followed, if any.

8. Third Party Terms and Conditions

Please note that your access to and use of the Services may be subject to certain third party terms and conditions and privacy policies, including but not limited to application stores, map data providers, mobile software platforms, on-line gaming platforms, social networking services and payment providers. You recognize and agree that Scary Wheels is not liable for any such third party terms and conditions and their use of your personal data.

Scary Wheels may in its discretion make available links through advertisements or otherwise enable you to access third party products or services. Please note that, while using such products or services, you are using products or services developed and administered by people or companies not affiliated with or controlled by Scary Wheels. Scary Wheels is not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them, or any products or services they may offer. The fact that Scary Wheels is linking to those products or services does not constitute our sponsorship of, or affiliation with, those people or companies.

Scary Wheels may from time to time make available Scary Wheels’s partners’ services, such as sweepstakes or polls and such services may require you to disclose personal data in order to register for and access such services. Such services will reasonably identify the partners at the point of where you are required to disclose personal data. If you at that point choose to disclose your personal data, such personal data may be transferred directly or via Scary Wheels to such third parties and will be subject to the privacy policy and practices of such third parties. Scary Wheels is not responsible for the privacy practices and policies of such third parties and, therefore, you should review the privacy practices and policies of such third parties prior disclosing any personal data in relation to such services.

Please note that certain Services that Scary Wheels may offer, such as multiplayer gaming, social networking and gaming console services, may use third party services to provide authentication for the Services with a gaming console ID, social networking ID or gaming network account. When you register to join or use the Services from a third-party gaming or social networking system, certain personally identifiable user and/or membership data may be transferred automatically to and from Scary Wheels and you hereby consent to the processing, using, combining, disclosing and retaining of such data in accordance with this Privacy Policy by Scary Wheels.

9. Safeguards

Scary Wheels follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity and privacy of the information in Scary Wheels’s possession. Only those persons with a need to process your personal data in connection with the fulfillment of their tasks in accordance with the purposes of this Privacy Policy and for the purposes of performing technical maintenance, have access to your personal data in Scary Wheels’s possession. Personal data collected by Scary Wheels is stored in secure operating environments that are not available to the public. To prevent unauthorized on-line access to personal data, Scary Wheels maintains personal data behind a firewall-protected server. However, no system can be 100% secure and there is the possibility that despite Scary Wheels’s reasonable efforts, there could be unauthorized access to your personal data. By using the Services, you assume this risk.

10. Other

Please be aware of the open nature of certain social networking and other open features of the Services Scary Wheels may make available to you. You may choose to disclose data about yourself in the course of contributing user generated content to the Services. Any data that you disclose in any of these forums, blogs, chats or the like is public information, and there is no expectation of privacy or confidentiality. Scary Wheels is not responsible for any personal data you choose to make public in any of these forums.

If you are under 13 years of age or a minor in your country of residence, please ask your legal guardian’s permission to use or access the Services. Scary Wheels encourages parents and/or guardians to play an active role in their children's online experience at all times. Scary Wheels does not knowingly collect any personal information from children under 13 years of age and if Scary Wheels learns that Scary Wheels has inadvertently gathered personal data from children under 13 years of age, Scary Wheels will take reasonable measures to promptly erase such personal data from Scary Wheels’s records.

Scary Wheels may store and/or transfer your personal data to its affiliates and partners in and outside of EU/EEA member states and the United States in accordance with mandatory legislation and this Privacy Policy. Scary Wheels may disclose your personal data to third parties in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of Scary Wheels’s stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process provided, however, that this Privacy Policy shall continue to govern such personal data.

11. Further information

Scary Wheels makes good faith efforts to enable you to review, update or correct your personal data in Scary Wheels’s possession. In order to do so, please contact Scary Wheels at privacy Scary Wheels.com. Scary Wheels will need sufficient information from you to establish your identity and to verify your access request, and also to assist us in handling your request. Please note that even if personal data is changed or deleted according to your request, Scary Wheels may still retain some of your personal data to resolve disputes, enforce Scary Wheels user agreement(s), and comply with technical and legal requirements and constraints related to the security, integrity and operation of Scary Wheels Services.

Scary Wheels regularly reviews its compliance with this Privacy Policy. If Scary Wheels receives a formal written complaint from you, Scary Wheels will attempt to contact you directly to address any of your concerns. Scary Wheels will cooperate with the appropriate governmental authorities, including data protection authorities, to resolve any complaints regarding the collection, use, transfer or disclosure of personal data that cannot be amicably resolved between you and Scary Wheels. Any dispute, controversy or claim arising out of or relating to this Privacy Policy or the breach, termination or validity thereof shall be finally settled at Scary Wheels's discretion (i) at your domicile's competent courts; or (ii) by arbitration in accordance with the Rules for Expedited Arbitration of the Arbitration Institute of the Indian Chamber of Commerce. The arbitration shall be conducted in india, in the English language. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST Scary Wheels ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.