This Privacy Policy is effective as of November 14th, 2024.
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This Heroic Labs Privacy Policy ("Policy") outlines the personal information that GameUp Online, Inc. d/b/a Heroic Labs ("Heroic", "We", "Us" or "Our"), gathers, how We use that personal information, and the options You have to access, correct, or delete such personal information. You are referred to herein as "You."
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HEROIC'S PROMISE
We are committed to communicating transparently, providing security, and protecting the privacy of data on Our systems. We keep Your personal information personal and private. We will not sell or rent Your personal information to anyone. We will not share or otherwise disclose Your personal information except as necessary to provide our products and services (the “Heroic Products and Services”) to You, or as otherwise described in this Policy, without first providing You with notice and the opportunity to consent.
1. POLICY APPLICATION
This Policy is incorporated into and is subject to the Heroic Products and/or Services Terms (https://cloud.heroiclabs.com/terms.txt) and our Terms of Service (https://heroiclabs.com/tos.txt) (collectively, the "Terms"). Capitalized terms used but not defined in this Policy have the meaning given to them in the Terms.
This Policy applies to Heroic's collection, use, and disclosure of the personal information of the following categories of data subjects:
* Website Visitors: Those who visit our Websites (each a "Website Visitor"), including those who may opt to provide an email address or other contact information to receive communications or customer support from Heroic, fill out a survey, or provide feedback. For the purposes of this Policy, "Websites" refer collectively to www.heroiclabs.com as well as any other websites that Heroic operates on its own behalf and that link to this Policy. For clarity, "Websites" does not include any sites owned or operated by Our Customers (as defined below).
* Customers: Individuals or entities who enter into an agreement (including but not limited to the Heroic Products and/or Services Terms (https://cloud.heroiclabs.com/terms.txt)) with Heroic (or its authorized partner) and to whom Heroic provides Heroic Products and Services to pursuant to such agreement (each a "Customer").
* Authorized Users: Those with login credentials for a Heroic account and/or those who are authorized by a Customer to use Heroic Products and Services while performing duties within the scope of their employment or assignment with such Customer. In some cases, an Authorized User and Customer may be the same individual. In other cases, an Authorized User may be an agent acting on behalf of a Customer.
* End Users: Those who access or use a Customer Game.
This Policy does not apply to Our Customers' domains, websites, games, applications, and networks (collectively, the "Customer Systems"), which may have their own terms and privacy policies. Our Customers are solely responsible for establishing policies for and ensuring compliance with all applicable laws and regulations, including those relating to the collection of personal information, in connection with the use of Heroic Products and Services by Authorized Users and/or End Users with whom our Customers interact. If You have any questions about the specific practices of the Customer Systems that You use, please contact the Customer.
The Websites and Heroic Products and Services are not intended for, nor designed to attract, individuals under the age of 18. Heroic does not knowingly collect personal information from any person under the age of 18.
2. INFORMATION WE COLLECT (Categories of Data Subjects)
Website Visitors
* Name, email address, and other contact information: We ask for and - at Your option - collect personal information from You when You submit web forms on our Websites, including opportunities to sign up for and agree to receive email communications from Us. We also may ask You to submit such personal information if You choose to use interactive features of the Websites, including participation in forums, surveys, promotions, studies, requesting customer support, submitting Feedback, or otherwise communicating with Us. We will send such communications in accordance with applicable law.
* Log files: Just as when You visit and interact with most websites and services delivered via the Internet, when You visit our Websites, including the Heroic Labs Community Forum, We gather certain information and store it in log files. This information may include but is not limited to Internet Protocol ("IP") addresses, system configuration information, search terms, URLs of referring pages, and locale and language preferences.
* Cookies and other tracking technologies: We may use cookies and other information-gathering technologies for a variety of purposes, such as providing Us with information about how You interact with our Websites and assisting Us in our marketing efforts. You can control how websites use cookies by configuring Your browser's privacy settings (please refer to Your browser's help function to learn more about cookie controls). Note that if You disable cookies entirely, our Websites may not function properly.
* Material contributed in Interactive Areas: The Websites may offer publicly accessible blogs, community forums, comments sections, discussion forums, or other interactive features ("Interactive Areas"). If You choose to participate in any of these Interactive Areas, please be aware that any information that You post in an Interactive Area might be read, collected, and used by others who access it. If You wish to remove Your personal information from any of our Interactive Areas, please see Section 9 below.
Customers and Authorized Users
* Account Information: When You register for an account, We collect contact information. Depending on Your reason for registering for an account and Your subscription level, this contact information may include Your name, the name of the Customer You are associated with, Your email address and the email addresses of Your Authorized Users, telephone number, and addresses necessary to process payment and delivery of Heroic Products and Services. In addition, when You use Heroic Products and Services, We collect information about how You configure Your account and Heroic Products and Services and We maintain logs of Authorized Users' activity. We refer to all of this information collectively as "Customer Account Information" for the purposes of this Policy. Customer Account Information is required to enable Your access to Your Heroic account and Heroic Products and Services. By providing Us with any personal information, You represent that (i) such personal information is complete and accurate and (ii) You are the owner of such personal information or otherwise have the requisite consent to provide it to Us.
* Payment information: We do not require Customers or Authorized Users to have payment information on file with Us unless they have a paid subscription to Heroic Products and Services. When You sign up for one of our paid subscriptions to any Heroic Products and Services, You must provide payment and billing information. The information You will need to submit depends on which payment method You choose. For example, if You pay with a credit card, We use Stripe to collect Your card information and billing address and process the payments, and We do not store full credit card numbers or personal financial account numbers but may store the last four digits of Your payment account numbers.
End Users
* Personal Information and Log Data: Heroic processes End Users' information on behalf of our Customers. This information is processed when End Users access or use Customer Game(s) that use Heroic Products or Services. The information processed may include but is not limited to name, email address, phone number, IP addresses, system configuration information, and other information about traffic to and from a Customer Game and any other data that an End Users submits to a Customer Game (collectively,
"End User Data"). Our Customers are the data controllers of all End User Data and We process End User Data on behalf of and pursuant to our Customers' instructions. If You have any requests related, to or questions about, the specific practices of the Customer, please contact the Customer.
3. HOW WE USE INFORMATION WE COLLECT
Heroic only processes personal information in a way that is compatible with and relevant to the purpose for which it was collected or authorized. For all categories of data described in Section 2 above, We may use the information (including personal information, to the extent applicable) to:
* Provide, operate, maintain, improve, and promote the Heroic Products and Services for all users of the Heroic Products and Services;
* Enable You to access and use the Heroic Product and Services;
* Process and complete transactions, and send You related information, including purchase confirmations and invoices;
* Send transactional messages, including responses to Your comments, questions, and requests; provide customer service and support; and send You technical notices, updates, security alerts, and support and administrative messages;
* Send commercial communications, in accordance with Your communication preferences, such as providing You with information about products and services, features, surveys, newsletters, offers, promotions, and events about Us and Our partners; and send other news or information about Us and Our partners. See Section 11 below for information on managing Your communication preferences.
* Monitor and analyze trends, usage, and activities in connection with the Heroic Products and Services and for marketing or advertising purposes;
* Protect systems from potential security attacks and abuse;
* Comply with legal obligations, enforce this Policy and investigate and prevent fraudulent transactions, unauthorized access to Heroic Products and Services, and other illegal activities;
* Personalize the Heroic Products and Services, including by providing features or content that match Your interests and preferences; and
* Process for other purposes for which We obtain Your consent.
End User Data. We use and process the End User Data from End Users to fulfill our obligations under our Customer agreements and as may be required by law. We act as a data processor and service provider pursuant to data processing instructions by our Customers.
Information from Third Party Services. We may combine information We collect as described in Section 2 above with personal information We obtain from third parties. For example, We may combine information entered on a Heroic sales submission form with information We receive from a third-party sales intelligence platform vendor to enhance our ability to market our products and services to Customers or potential Customers.
4. DATA AGGREGATION
Heroic may aggregate data that We acquire about our Customers, Authorized Users, and End Users. We use this aggregated data for analytics, to improve our products and services, and for other purposes. Non-personally identifiable, aggregated data may be disclose to third parties.
5. COOKIES AND SIMILAR TECHNOLOGIES
Cookies are small text files sent by Us to Your computer or mobile device, which enables certain features and functionality. They are unique to Your account or Your browser. Session-based cookies last only while Your browser is open and are automatically deleted when You close Your browser. Persistent cookies last until You or Your browser delete them or until they expire.
We use cookies and similar technologies like single-pixel gifs and web beacons. We use both session-based and persistent cookies. We set and access our own cookies on the Websites. In addition, We use third party cookies, like Google Analytics. Some cookies are associated with Your account and personal information in order to remember that You are logged in and which workspaces You are logged into. Other cookies are not tied to Your account but are unique and allow Us to carry out analytics and customization, among other similar things.
Responding to "Do Not Track Signals." If our Websites and/or Heroic Products and Services can detect a "Do Not Track" signal or preference from a browser, then our Websites and Heroic Products and Services will disable all non-essential analytics and integrations. Essential tools and integrations that are required to perform critical functionalities and functions of the Websites and Heroic Products and Services will remain enabled.
6. NOTICE TO UK, EU, AND SWISS RESIDENTS
Please note that the "personal information" and "personal data" referenced in this Policy means "personal data" as that term is defined under the European Union ("EU") General Data Protection Regulations ("GDPR") and its United Kingdom ("UK") GDPR counterpart. Heroic is a data controller for the personal data collected from all Website Visitors listed above except for the personal data of Customers, Authorized Users and End Users. Heroic processes the personal data of Customers, Authorized Users, and End Users on behalf of its Customers, which Customers act as the data controllers therefor.
If You are an individual from the European Economic Area (the "EEA"), the UK or Switzerland, please note that Our legal basis for collecting and using Your personal data will depend on the personal data collected and the specific context in which We collect it. We normally will collect and process personal data from You only where: (a) We have Your consent to do so, (b) where We need Your personal data to perform a contract with You (e.g. to deliver the Heroic Products and Services or information You have requested), (c) where the processing is in Our legitimate interests, or (d) we need to do so in order to comply with legal obligations. Please note that in most cases, if You do not provide the requested information, Heroic will not be able to provide the requested Heroic Products and Services to You.
Where We rely on Your consent to process Your personal data, You have the right to withdraw or decline consent at any time. Where We rely on our legitimate interests to process Your personal data, You have the right to object.
Where required, we will use appropriate safeguards for transferring data outside of the EEA, Switzerland, and the UK. This includes signing Standard Contractual Clauses that govern the transfers of such data, which may be used in conjunction with additional safeguards.
If You have any questions about or need further information concerning the legal basis on which We collect and use Your personal information, please contact Us at”
Privacy Officer
GameUp Online, Inc., d/b/a Heroic Labs
440 N Barranca Avenue
No. 3231
Covina, CA 91723
legal@heroiclabs.com
7. INFORMATION DISCLOSURE
We work with other companies who help Us run our business ("Service Providers"). These companies provide services to help Us deliver customer support (such as Slack), process credit card payments (such as Stripe), manage and contact our existing Customers and Authorized Users as well as sales leads (such as Intercom), provide marketing support, and otherwise operate and improve our products and services (such as AWS, GCP, Google Analytics, and Heap Analytics). These Service Providers may only process personal information pursuant to our instructions and in compliance both with this Policy and other applicable confidentiality and security measures and with applicable laws and regulations.
Specifically, We do not permit our Service Providers to sell any personal information We disclose to them or to use any personal information We disclose to them for their own marketing purposes or for any purpose other than in connection with the services they provide to Us.
In addition to sharing with Service Providers as described above, We also may disclose Your information to others in the following circumstances:
* Within the Heroic Group (defined for the purposes of this Policy as GameUp Online d/b/a Heroic Labs, Inc. (United States) and its subsidiaries and affiliates);
* In the event of a merger, sale, change in control, or reorganization of all or part of our business;
* When We are required to disclose personal information to respond to subpoenas, court orders, or legal process, or to establish or exercise Our legal rights or defend against legal claims;
* Where We have a good-faith belief sharing is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our Terms and/or agreements between You and Heroic; or as otherwise required to comply with Our legal obligations; or
* As You may otherwise consent from time to time.
Links to Third Party Sites and Services. The Heroic Products and Services and our other products and services may contain links to other websites and services. We are not responsible for the practices employed by such other websites or services, nor the information or content provided to or contained therein. Please remember that when You use a link to go from the heroic Products and Services to another website, this Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link in the Heroic Products and Services, are subject to that third party's own rules and policies. Please read those rules and policies before proceeding.
8. INTERNATIONAL INFORMATION TRANSFERS
Heroic is a U.S.-based, global company. We primarily store Your information in the United States and the EEA. To facilitate Our global operations, We may transfer and access such information from around the world, including from other countries in which the Heroic Group has operations for the purposes described in this Policy.
If You are accessing or using the Heroic Products and Services,, or otherwise providing information to Us, You are agreeing to the transfer and processing of Your personal information to and in the United States and other jurisdictions in which We operate. Please note that the privacy laws of the United States and the other jurisdictions where Heroic operates may be different from those in the place where you are a resident.
Heroic Labs commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States in accordance with applicable laws. Individuals with privacy inquiries or complaints should first contact:
Privacy Officer
GameUp Online, Inc., d/b/a Heroic Labs
440 N Barranca Avenue
No. 3231
Covina, CA 91723
legal@heroiclabs.com
9. DATA SUBJECT RIGHTS AND CHOICES
Residents of the EEA, Switzerland, and the UK can exercise certain data subject rights available to them under applicable data protection laws. Where such rights apply, We will comply with requests to exercise these rights in accordance with applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if We need to keep processing your personal information for Our legitimate interests or to comply with a legal obligation.
For any data subject access request ("SAR") from a Website Visitor, We will need to verify a requestor is inquiring about their own information before We can assist. Where a SAR may implicate the personal data of another individual, We must balance the request against the risk of violating another person's privacy rights. We will comply with SARs to the extent required by applicable law. In the EEA, the UK, and Switzerland, You also have the right to lodge a complaint with a supervisory authority.
Website Visitors, Customers, and Authorized Users. You have the right to access, correct, update, export, or delete Your personal data. You may email Us at legal@heroiclabs.com with any such SARs and We will respond within 30 days. If You have an account with Heroic, You also can access, correct, export, or update Your account information by editing Your profile or organization record within Your account.
End Users. Heroic has no direct relationship with End Users. Accordingly, We rely upon our Customers to comply with the underlying legal requirements for subject access requests. If an End User requests that We access, correct, update, or delete their information, or no longer wishes to be contacted by one of our Customers that use Heroic Products and Services, We will direct that End User to contact the Customer with which they interacted directly. Our Customers are solely responsible for ensuring compliance with all applicable laws and regulations with respect to their users and customers.
10. SUPPLEMENTAL PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
This Supplemental Privacy Notice supplements Our Privacy Policy with additional information for California residents about Our information collection and use practices as required by the California Consumer Privacy Act 2018, as amended by the California Privacy Rights Act of 2020 (the “CCPA”), and certain other applicable California laws. In this section, the terms “personal information” and “sensitive personal information” have the meaning set forth in the CCPA.
Information We Collect and How We Use and Disclose It
If you are a California resident, California law requires Us to provide You with some additional information regarding how We collect, use, and disclose Your personal information and sensitive personal information.
We collect the following categories of personal information, as described in the CCPA:
1. Identifiers: Name, alias, postal address, telephone number, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers
2. Characteristics of protected classifications under California or federal law: Race, religion, sexual orientation, gender identity, gender expression, age, etc.
3. Customer records: name, signature, bank account number, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit or debit card number, other financial information, medical information, health insurance information
4. Commercial information: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
5. Biometric information: Hair color, eye color, fingerprints, height, retina scans, facial recognition, voice, and other biometric data
6. Internet or other electronic network activity information: Browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement
7. Geolocation data
8. Audio, electronic, visual, thermal, olfactory, or similar information: for example, audio or video recordings
9. Professional or employment-related information
10. Education information
11. Inferences: predictions about consumer preferences, characteristics, or behaviors[a]
For details about the specific data We collect and the sources We get that information from, please see “Information We Collect” in Our Privacy Policy above. We collect personal information for the business and commercial purposes described in “How We Use Information We Collect” in our Privacy Policy above.
The CCPA also allows You to limit the use or disclosure of Your "sensitive personal information" if Your sensitive personal information is used for certain purposes. Please note that We do not use or disclose sensitive personal information other than for purposes for which You cannot opt out under the CCPA.
Consumer Rights
The California Consumer Privacy Act or “CCPA” provides consumers residing in California certain rights with respect to their personal information. If You are a California resident, you may have the right to: (1) request to know more about the categories and specific pieces of personal information We collect, use, and disclose; (2) request deletion of Your personal information; (3) opt out of sale of Your personal information (if any); and (4) not be discriminated against for exercising these rights. Certain information may be exempt from such requests under applicable law. Note that We need certain types of information so that We can provide the Heroic Products and/or Services to You. If You ask Us to delete it, You may no longer be able to access or use the Heroic Products and/or Services.
You or Your authorized agent may make these requests by contacting Us at privacy@Heroic.com. Note that We may ask You for additional information to help Us verify who You are before completing Your request. If We receive your request from an authorized agent, We may ask for evidence that You gave that person authority to submit requests to exercise rights on Your behalf. We will not discriminate against You if you exercise Your rights under the CCPA.
In instances where we process personal information on behalf of Our customer, rights requests should be directed to the relevant customer. Any request sent directly to Us that pertains to information collected on behalf of a customer will be forwarded on to that customer.
“Sale” and “Sharing” of Personal Information
California residents may opt out of the "sale" or “sharing” of their personal information. We do not sell your information as that term is normally understood. However, some of our disclosures of personal information may be considered “sharing” or a “sale” under the CCPA. A “sale” is broadly defined under the CPPA to include a disclosure for something of value, and a “share” is broadly defined under the CCPA to include a disclosure for cross-context behavioral advertising.
As explained above in Our Privacy Policy, We sometimes provide personal information to third-party advertising providers for targeted advertising purposes, so that We can provide You with more relevant and tailored ads regarding Our services, or use analytics partners to assist Us in analyzing the use of the Heroic Products and/or Services and Our user/customer base. The disclosure of Your personal information to these third parties to assist Us in providing these services may be considered a “sale” of personal information under the CCPA, or, the “sharing” of your personal information for purposes of “cross-context behavioral advertising.” [b]
If you wish to opt out of these “sales” or “sharing,” please submit a request to privacy@Heroic.com. You may also turn on a recognized opt-out preference signal, such as Global Privacy Control, in your browser or extension. We will recognize such preference in accordance with applicable laws and will disable all non-essential analytics and integrations. Please note that when you opt-out through either of the foregoing methods, we do not know who you are within our systems, and your opt-out will apply only to information collected from tracking technologies on the specific browser from which you opt-out. If you delete or reset your cookies, or use a different browser or device, you will need to reconfigure your settings.
Children Under 16
We do not knowingly "sell" or "share" the personal information of children under 16.
Retention of Your Personal Information
Please see the "Data Retention" section below.
California Shine the Light
We do not disclose personal information to third parties for their direct marketing purposes.[c]
10. COMMUNICATION PREFERENCES
Heroic will send You commercial communications based on the communication preferences in Your account settings. Heroic also will send You service-related communications. You may manage Your receipt of commercial communications by clicking on the "unsubscribe" link located on the bottom of such emails, through Your account settings if You have a Heroic account, or You may send a request to legal@heroiclabs.com.
11. DATA SECURITY, DATA INTEGRITY, AND ACCESS
We take all reasonable steps to protect information We receive from You from loss, misuse or unauthorized access, disclosure, alteration and/or destruction. We have put in place appropriate physical, technical and administrative measures to safeguard and secure Your information, and We make use of privacy-enhancing technologies such as encryption. If You have any questions about the security of Your personal information, You can contact Us at legal@heroiclabs.com.
12. DATA RETENTION
At minimum, we will retain Your information for as long as needed to provide the Heroic Products and/or Services. In addition, we may retain your information thereafter as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. We may maintain some or all of this data in Our archives even after it has been removed from production.
13. NOTIFICATION OF CHANGES
If We make changes to this Policy that We believe materially impact the privacy of Your personal information, We will promptly provide notice of any such changes (and, where necessary, obtain consent), as well as post the updated Policy on this website noting the effective date of any changes.
14. BUSINESS TRANSACTIONS
We may assign or transfer this Policy, as well as information covered by this Policy, in the event of a merger, sale, change in control, or reorganization of all or part of Our business.
15. CONTACT
Please contact Us with any questions regarding this Policy at legal@heroiclabs.com.
You also have a right to lodge a complaint with a competent supervisory authority situated in the country of your habitual residence, place of work, or place of alleged infringement. You can find the relevant supervisory authority name and contact details at the corresponding links for the EEA (https://edpb.europa.eu/about-edpb/about-edpb/members_en), the UK (https://ico.org.uk/make-a-complaint/), and Switzerland (https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact/address.html).
[a]These are the specific categories of information we have to address under CA privacy laws. Please go through these categories and identify what you collect under each of them. There is overlap among the categories.
Once I see your list here, I will make sure all the types of information you list are covered in the other applicable sections of this privacy policy. And if they are not, I will reach out for more information if needed.
[b]I assume you are doing this kid of retargeting and analytics, but let me know if not. The references to advertising elsewhere in this privacy policy are every generic/minimal, so it wasn’t clear what types of advertising you are doing.
[c]Please confirm this is true.
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