1. WHAT INFORMATION WE COLLECT FROM YOU.
1.1 Personal Information vs. Non Personal Information. Our primary goal in collecting information from you is to provide you with an efficient and helpful experience while using the Websites. In order to do so, the Websites collects two types of information about you, Personal Information and Non Personal Information. “Personal Information” refers to information that lets us know the specifics as to who you are and which can be used to identify, contact or locate you. We may also collect and use Personal Information to verify your identity when you are making purchases via the Websites. Examples of Personal Information include your first name together with your last name, your credit card number, your mailing address and/or email address, and your phone number. Generally, we collect Personal Information when you use the Websites to make product purchases, fill out surveys, correspond with us, choose to submit testimonials, stories, photos or the like to the Websites, or otherwise volunteer information about yourself. “Non Personal Information” refers to information that does not by itself identify you or a specific individual. Examples of Non Personal Information we may collect include demographic information, which web pages of ours are most often visited and which of our products are either receiving the most purchases or website visits. We may collect Non Personal Information through any of the methods discussed above as well as automatically through use of industry standard technologies discussed further below.
1.2 Access and Change to Personal Information. Upon written request, HeadGames will use reasonable efforts to allow users to update or correct Personal Information previously submitted but only to the extent such activities will not compromise privacy or security interests. Also, upon a user’s written request, HeadGames will functionally delete the user and his or her Personal Information from the database where such information is stored; however, it may be impossible to delete a user’s entry without some residual information being retained because of the nature in which backups of data are maintained.
1.3 Information You Provide To Us. You will have the opportunity to provide us with Personal Information and Non Personal Information which we will collect directly from you as follows:
(b) For customers purchasing products or signing up for programs. If you make purchases or sign up through programs at our online store, we will collect and maintain your name, email address, mailing address, telephone number, purchased product information, credit card number (or check or money order information if using such payment methods while ordering via mail), order tracking number, referring URL, IP address and a password. If you purchase a gift certificate at our online store, we will also collect the name, email address, mailing address, and telephone number of the recipient. Before confirming your order, you will have the opportunity to review the order form and make changes and additions to the information it contains and these changes will automatically be kept for future use. If you cancel an order or do not complete an order, we may collect and use any email address or other information that you have entered as we would collect and use it if you had completed an order.
1.4 Information Collected Through Technology. We or our third party service providers may collect information from visitors to the Websites regarding the referring URL, your IP address, which browser you used to come to the Websites, information regarding your domain server, the country, state and telephone area code where your server is located, your type of computer, timestamp data and the pages of the Websites that you viewed during your visit. Some of this information is gathered through the following technologies:
(b) IP Address. You can visit many areas of the Websites anonymously without the need to become a registered user. Even in such cases, we may collect IP addresses automatically. An IP address is a number that is automatically assigned to your computer whenever you begin service with an Internet Service Provider. Each time you access the Website and each time you request one of our pages, our server logs your IP address. Standing alone, your IP address is not necessarily personally identifiable.
(c) Web Beacons. HeadGames may use a variety of other technical methods for tracking purposes, including web beacons. Web beacons are small pieces of data that are embedded in web pages and e-mails. We may use these technical methods in HTML e-mails that we send our users to determine whether they have opened those e-mails and/or clicked on links in those e-mails. The information from use of these technical methods may be collected in a form that is personally identifiable.
2. USE AND DISCLOSURE OF PERSONAL INFORMATION.
2.1 Use of Personal Information and Non Personal Information. We use Personal Information and Non Personal Information in order to fill your orders, to communicate with you about your orders or other requests and to send you informational and promotional materials, including about upcoming HeadGames promotions and events. In addition, we may use Personal Information and Non Personal Information to learn more about our community and/or customers so we can improve our products, promotions and events. Specific examples of how we may use your information that we collect are as follows:
(a) System Administration. We use your IP Address and other information discussed above in Section 1.4 for the purposes of system administration, to assist in diagnosing problems with our server, to monitor our system performance and the level of activity on the Websites in general and about specific portions of our Websites and how the traffic on our Websites are apportioned and from where it may come, and to gather broad demographic information about our Websites’ visitors and customers, so we can make it easier and more convenient for you to navigate and use the Websites, and make our Websites more useful and better targeted for you and our community in general.
(c) Notices to Recipients Regarding Orders or other Requests. If you have made a purchase via the Websites, we may use your Personal Information to send one or more emails regarding your order, including regarding customer service issues. We may also telephone you regarding fulfillment of your order.
(d) Newsletters & Promotional Emails; Opt-Out Option: We may offer free electronic newsletters and promotional emails regarding upcoming products, promotions, events and/or services offered on the Websites. We may use your Personal Information to send you newsletters and emails periodically listing current products, promotions, events and/or services, or other items available for purchase on our Websites or from our marketing partners or sponsors. However, you have the choice to opt-out of receiving such newsletters and promotional emails for products and/or services offered on the Websites by sending an email to us at [email protected] and/or following the instructions in our promotional email. Once we have processed your opt-out request, we will not send you promotional emails with respect to products and/or services offered by us through the Websites unless you opt back in to receiving such communications directly.
(f) Contact Information: If you contact us by telephone, email or letter, we may keep a record of your contact information, correspondence or comments. If you report a problem with the Websites, we may collect this information in a file specific to you. In addition, if you provide us feedback through the Websites, by email or by calling us, we may ask for your name and email address in order to send you a reply. You may contact us at [email protected] to request the removal of this information from our database, subject to section 1.2.
2.2 Disclosure of Personal Information.
(b) Service Providers. We may disclose your Personal Information to our third party service providers, including companies we retain to manage or host the Websites, companies we retain to fulfill product purchases or to provide services to you on our behalf, and companies we retain as consultants to conduct research on our behalf. These third parties may not use your Personal Information other than to provide the services requested by us. For example, we will release your credit card number to confirm payment and release your name and mailing address information to the mail or delivery service to deliver and track products that you ordered. With respect to Non Personal Information, we also share website usage information we gather from visitors to the Websites who have received a targeted promotional campaign with our third-party advertising service partners for the purpose of targeting future campaigns and upgrading visitor information used in reporting statistics. For this purpose, we and our third-party service partners may note some of the pages you visit on the Websites through the use of web beacons. In addition, we may provide aggregated statistics about our customers, sales, traffic patterns, and related Website information to third parties. We reserve the right to use or disclose Non Personal Information in any manner.
(c) Links to Other Websites. Our Websites may contain links to third party web sites to which we have no affiliation. HeadGames does not share your Personal Information with those web sites and is not responsible for their privacy practices. HeadGames suggests you read the privacy policies on those third party web sites.
We may from time to time send you email or other communications regarding current promotions, specials and new additions to the Websites. If you have supplied us with your telephone number(s) you may receive telephone calls from us with information or requests for information regarding an order you have placed. You may “opt out” or unsubscribe from our newsletters and non-transactional related emails and disclosures to third parties for promotional purposes by following the unsubscribe instructions in any email you receive from us or by sending an email to [email protected]. Being removed from our email list does not mean that you will automatically be removed from our regular mailing list. If you would like to be removed from our mailing list completely, you will need to contact our office.
4. SAFEGUARDING YOUR PERSONAL INFORMATION.
4.1 Our Security Measures. In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third-party banking institutions, process agents and distribution institutions. They receive the information they need to verify and authorize your credit card transactions and to ship your order. When collecting credit card information for online purchases, we offer secured server transactions that encrypt your information in transit to prevent someone from intercepting it and misusing it. When you access your account information, the information is kept on a secure server. Furthermore, all of the customer data we collect is protected against unauthorized access by physical security means. Although HeadGames uses reasonable efforts to safeguard the security of your Personal Information, transmissions made on or through the Internet are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by SSL technology and are vulnerable to interception during transmission. You hereby acknowledge that HeadGames is not responsible for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
4.2 Protecting Yourself. You are solely responsible for safeguarding and maintaining the secrecy of your User ID, passwords and/or any account information in your possession or control. Please be careful and responsible whenever you are online. The Website contains links to third parties who may collect information directly from you. Each of the websites linked from the Website have separate privacy policies and data collection practices, independent of HeadGames, and HeadGames has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites nor does HeadGames make any warranties or representations about the contents, products or services offered on such websites or the security of any information you provide to them. You can learn more about Internet privacy from government websites such as www.ftc.gov/privacy/ . In addition, it is important to keep us updated with your most current contact information. You may ask us in writing via mail or email at [email protected] to have the information on your account deleted, updated or corrected, subject to Section 1.2; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Note that we may retain changed or deleted information for archival or other purposes.
5.2 Children, Parental Consent Policy. The Children’s Online Privacy Protection Act imposes certain requirements on websites directed toward children under 18 that collect information on those children, or on websites that know they are collecting Personal Information from children under the age of 18. We want to let you know that it currently is our policy not to collect Personal Information from any person under 18 because children are not permitted to use the Website or services on the Website without consent of their parents or legal guardians, and we request that children under the age of 18 not submit any Personal Information to us via the Website. As one measure to ensure that we do not gather Personal Information from children, we require that all individuals provide a valid credit card number before completing a purchase order or registration. If we learn that we have inadvertently gathered Personal Information from children under 18, we will attempt to notify such child’s parent or guardian and erase such information from our records, unless the child’s parent or guardian consents to our maintaining such information.