Vindex Privacy Policy

This Policy was last updated as of April 24, 2023 and are published herein with immediate effect.

Contents

1. INTRODUCTION

This Privacy Policy (“Privacy Policy”) describes how Vindex LLC and our subsidiaries and affiliated companies (collectively, “Vindex”, “we,” or “us”) collect, use, and disclose information about you. This Privacy Policy applies to information we collect when you access or use our websites, mobile applications, gaming consoles, and other online products and services that link to this Privacy Policy (collectively, the “Services”) or when you register for and attend our events, participate in our surveys, sweepstakes, or contests, or otherwise interact with us. We may supply different notices of our information practices with respect to certain Vindex products, services, subsidiaries, or affiliates, in which case this Privacy Policy will not apply.

2. INFORMATION WE COLLECT

Information that you provide to us.

We collect information you provide directly to us. For example, we collect information when you create an account, register for or participate in games, tournaments, and events through our Services, respond to a survey, post user-generated content on our Services, make a purchase, request customer service, or otherwise interact or communicate with us.

The types of information we collect include your first and last name, email address, phone number, age, date of birth, postal code, username or other account credentials, profile photo, avatar, and other information you choose to provide. Additionally, if you make a purchase through our Services, we work with third-party payment processors to collect and process your payment information.

Information that we collect automatically when you interact with us.

We automatically collect certain information about you when you access and use the Services. For instance, we collect information regarding the games you play, the tournaments you participate in, and the advertisements you click on when using our Services. We also collect transaction information, such as the types of products or services you purchase, the purchase amount, and the date and location of the transaction. We may also record audio and video footage of you if you visit or participate in one of our live tournaments.

When you access the Services, we also collect the following:

  • Device and Usage Information: We automatically collect information about the device and network you use to access the Services, such as the hardware model, operating system version, mobile network, Internet Protocol (IP) address, unique device identifier, advertising identifier, and browser type. We also collect information about your activity on our Services, such as access times, pages viewed, games played, links clicked, and if applicable, the web page you visited before navigating to our Services.
  • Information Collected by Cookies and Similar Tracking Technologies: We use cookies and similar tracking technologies to learn more about how you interact with our products and Services, improve and customize your experience, and power certain features of the Services. Cookies are small text files that are placed in your browser or on your device. Web beacons, pixels tags, and clear GIFs are small strings of code placed on a web page or in an email or advertisement. These technologies allow your browser to recognize and store certain types of information (such as cookies previously set, the time and date that you viewed the page with the beacon, and a description of that page). For more information about cookies and how to disable them, see the Cookies and Similar Tracking Technologies section below.
Information we collect from other sources.

We also collect information from third party sources, including:

  • We receive information from certain third-party streaming and social media platforms if you visit our fan pages or choose to connect your accounts. For example, if you decide to connect your Twitch account to our Let’s Play platform, we receive information from Twitch, such as your username and information about fan activity in connection with your live streams (such as minutes watched and number of messages sent).
  • We receive information about entities you interact with via the Services, such as tournament sponsors, advertising networks, and companies that own, operate, or support games you play via the Services.
Information we derive.

We may derive information or draw inferences about you based on the information we collect. For example, we infer location based on IP addresses. We also generate statistics and analytics about game play and infer interests or characteristics based on this activity.

3. USE OF INFORMATION

We process the information we collect about you to enable your access to and use of our Services. We also process the information we collect to:

  • Provide, maintain, and improve our products and Services;
  • Send you technical notices, security alerts, and administrative messages about your account(s) and the Services;
  • Facilitate transactions;
  • Provide you with a personalized experience on the Services, including by displaying content we think will interest you;
  • Monitor and analyze trends, usage, activity, and the functionality and performance of the Services, as well as to generate insights into market and consumer trends;
  • Communicate with you about the Services and our products, events, and other offerings and provide news and information that we think will interest you (see Opting Out of Marketing Communications for more information);
  • Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards;
  • Detect, investigate, and prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity and protect the rights and property of Vindex and others;
  • Debug, identify, and repair errors on the Services;
  • Target advertisements to you on third-party platforms and websites (see the Targeted Advertising and Analytics section below for more information);
  • Fulfill our obligations to sponsors and partners, including in furtherance of a particular sponsorship related to an event in which you are participating;
  • Provide customer support and respond to your questions or other requests; and
  • Comply with our regulatory, legal, and financial obligations and enforce our legal rights.

4. DISCLOSURES OF INFORMATION

We disclose information about you in the following circumstances:

  • Our Corporate Affiliates: We disclose information across the Vindex Family of Companies, which includes all affiliated entities and subsidiaries, as well as Vindex’s parent company, Face It, Inc., in accordance with our internal policies and business practices.
  • Vendors and Service Providers: We disclose information to vendors, service providers, contractors, and consultants that perform services for us, such as companies that assist us with facilitating transactions, delivering content, providing information technology and customer service assistance, facilitating tournaments and events, and delivering marketing and advertising. We also share information with our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.
  • Our Business Partners: We disclose information to certain third-party partners for their own marketing and business purposes, such as game publishers, esports team franchises, retail partners, and our sponsors, licensees, and franchisees.
  • Other Users: If you post content in a public area of our Services, we disclose this information to other users of the Services. We may also disclose information to other users in connection with games, tournaments, and events, such as displaying usernames, ranking, region, and score on a leaderboard.
  • Corporate Transactions or Events: We may disclose information in connection with, or during negotiations concerning, a merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
  • Pursuant to Law, Rule or Regulation: We disclose information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements. We also share information if we believe that your actions are inconsistent with our user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of Vindex, our users, the public, or others.
  • With Your Consent: We share your information for other purposes not listed above with your consent and at your direction. For example, if you decide to connect your Vindex account with your account(s) on third-party streaming or social media platforms, we may post activity information on our Services in accordance with the permissions granted when you connect your account. When we have your consent, we may also disclose or otherwise promote information about your use of our Services on our websites and other marketing materials.

We also share aggregated or de-identified information that cannot reasonably be used to identify you. For instance, we provide aggregated reports about game play metrics to our business partners. Vindex processes, maintains, and uses this information only in a de-identified fashion and will not attempt to re-identify such information, except as permitted by law.

5. TARGETED ADVERTISING AND ANALYTICS

We engage others to provide analytics services, serve advertisements on our behalf, and perform related services across the web and in mobile apps. These entities may use cookies, web beacons, SDKs, device identifiers, and other technologies to collect information about your use of the Services and other websites and applications, including your IP address and other identifiers, web browser and mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information. This information is used to deliver advertising targeted to your interests on other companies’ sites or mobile apps and to analyze and track data, determine the popularity of certain content, and better understand your online activity. Some of the activities described in this section may constitute “targeted advertising,” “sharing,” or “selling” under some laws. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes by companies that participate in the Digital Advertising Alliance, visit www.aboutads.info/choices, or, if you reside in the European Union, visit www.youronlinechoices.eu. Your device may also include a feature that allows you to opt out of having certain information collected through mobile apps used for behavioral advertising purposes.

6. CROSS-BORDER TRANSFERS OF INFORMATION

Vindex is headquartered in the United States and we have operations and service providers in the United States and other countries. As such, we may process and store information about you in jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We provide adequate protection for the transfer of personal data in accordance with applicable law, such as by obtaining your consent, relying on the European Commission’s adequacy decisions, or executing Standard Contractual Clauses. Where relevant, you may request a copy of these Standard Contractual Clauses by contacting us at legal@vindex.gg.

7. YOUR PRIVACY RIGHTS AND CHOICES

Access, Correction, and Deletion.

Depending on where you reside, you may have the right to (1) request to know more about and access your personal information, including in a portable format, (2) request deletion of your personal information, and (3) request correction of inaccurate personal information. To request access, deletion, or correction of your personal information, please email us at legal@vindex.gg or call us at (833) 432-8233. Once we receive the request, we will validate the information that you provide and contact you via the contact details you provided in the request. Please follow the instructions in that communication to verify your contact details and/or provide any additional information that may be needed to process your request. If we deny your request, you may have the right to appeal our decision by contacting us at legal@vindex.gg. If you have concerns about the result of an appeal, you may contact the attorney general or data protection authority where you reside.

You may also update and correct certain account information at any time by logging into your Vindex account(s) and editing your profile or account information.

Opting Out of Targeted Advertising, Sharing, and Sales.

As described in the Targeted Advertising and Analytics section above, we process personal information to serve you advertisements on third-party properties. Some of these activities may be considered “sales” or “sharing” of your personal information or “targeted advertising” under the law that applies to you. You may opt out of these activities by following the opt-out instructions in the Targeted Advertising and Analytics section above.

In addition, we disclose your information to our business partners and corporate affiliates for their own marketing and business purposes as described in Disclosures of Information above. Such disclosures may constitute “sales” of your personal information in certain jurisdictions and you may have the right to opt out of such activities by emailing us at legal@vindex.gg.

Authorized Agents.

If you are submitting an access, correction, deletion, or opt-out request as an authorized agent, we may ask for proof of your authorization to make the request, such as a valid power of attorney or proof that you have signed permission from the individual who is the subject of the request. If you are an authorized agent seeking to make a request, please email us at legal@vindex.gg. Please do not provide any sensitive personal information in connection with this request, such as a driver's license or other government-issued ID. In some cases, we may be required to contact the individual who is the subject of the request to verify their own identity or confirm you have permission to submit this request.

Opting Out of Marketing Communications.

If you would like to stop receiving promotional emails or text messages from us, please unsubscribe by following the instructions in those communications or logging in to your account to manage your communication preferences. If you opt out, we may still send you non-promotional emails, such as emails about your account or our ongoing business relations.

Cookies and Similar Tracking Technologies.

We use cookies and similar tracking technologies to analyze visits to our websites and interactions with our communications to help us improve our website, services, and marketing campaigns. You can usually adjust your browser settings to remove or reject browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of some of the Services.

8. ADDITIONAL DISCLOSURES FOR INDIVIDUALS IN CALIFORNIA

The California Consumer Privacy Act or “CCPA” (Cal. Civ. Code § 1798.100 et seq.) and the Shine the Light law (Cal. Civ. Code § 1798.83) afford consumers residing in California certain rights with respect to their personal information. If you are a California resident, this section applies to you.

Additional Disclosures.

We collect, and in the preceding 12 months we have collected, the following categories of personal information: identifiers (such as your name, email address, or IP address), commercial information (such as records of products or services purchased), internet or other electronic network activity information (such as browsing history and information about your activities on our Services), geolocation data (such as your approximate location), audio and visual information (such as phone recordings when you call customer service), inferences drawn from the foregoing, and other categories of personal information that relate to or are reasonably capable of being associated with you. For more information about the precise data points we collect and the sources of such collection, please see Information We Collect above. We collect personal information for the business and commercial purposes described in the Use of Information section above. In the preceding 12 months, we have disclosed the following categories of personal information for business purposes to the following categories of recipients:

Categories of Personal Information Categories of Recipients
  • Identifiers
  • Payment processors
  • Web hosting and cloud storage providers
  • Customer support services providers
  • Events and tournament services providers
  • Customer feedback services providers
  • Data analytics providers
  • Fraud prevention services providers
  • Advertising partners
  • Software development and information technology services providers
  • Corporate affiliates
  • Commercial information
  • Payment processors
  • Web hosting and cloud storage providers
  • Customer support services providers
  • Events and tournament services providers
  • Fraud prevention services providers
  • Corporate affiliates
  • Geolocation information (approximate only)
  • Web hosting and cloud storage providers
  • Events and tournament services providers
  • Data analytics providers
  • Fraud prevention services providers
  • Advertising partners
  • Corporate affiliates
  • Audio and visual information
  • Customer support services providers
  • Events and tournament services providers
  • Corporate affiliates
  • Internet or other electronic network activity
  • Web hosting and cloud storage providers
  • Data analytics providers
  • Fraud prevention services providers
  • Advertising partners
  • Corporate affiliates
  • Inferences
  • Data analytics providers
  • Advertising partners
  • Corporate affiliates

We do not use or disclose sensitive personal information for the purpose of inferring characteristics about you.

Our retention periods for personal information are based on business needs and legal requirements. We retain personal information for as long as is necessary for the processing purpose(s) for which we originally collected it and for other business purposes explained in this Privacy Policy. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired. In addition, we retain your email address and information about your marketing preferences to ensure that we can honor those preferences.

We “share” and “sell” personal information with third parties in connection with advertising and marketing activities, including to expand the reach and effectiveness of our own marketing campaigns and for third parties’ own marketing purposes, and to corporate affiliates for their own business purposes. We share and sell the following categories of personal information with the following categories of third parties:

Categories of Personal Information Categories of Third Parties
  • Identifiers
  • Other business partners, corporate affiliates, and advertising and marketing networks
  • Commercial information
  • Corporate affiliates, advertising and marketing networks
  • Geolocation information
  • Corporate affiliates, advertising and marketing networks
  • Audio and visual information
  • Corporate affiliates
  • Internet or other electronic network activity
  • Corporate affiliates, advertising and marketing networks
  • Inferences
  • Corporate affiliates

We do not knowingly sell or share personal information about consumers under the age of 16.

Privacy Rights.

Please see the Your Privacy Rights and Choices section above for information about your privacy rights, how to exercise them, and how we will verify requesters. We will not discriminate against you if you exercise your rights under the CCPA.

Shine the Light.

California’s “Shine the Light" law permits California consumers to request certain details about how their personal information is disclosed to third parties for the third parties’ direct marketing purposes. Under the law, a business must respond to these requests or provide California consumers with the ability to opt into or opt out of this type of disclosure. If you want to opt out of having information about you disclosed to third parties for their direct marketing purposes, please email us at legal@vindex.gg.

9. ADDITIONAL DISCLOSURES FOR INDIVIDUALS IN EUROPE

If you are located in the European Economic Area (“EEA”), the United Kingdom, or Switzerland, you have certain rights and protections under applicable laws regarding the processing of your personal data, and this section applies to you.

Controller Information.

The names of our data controllers are:

  • Vindex LLC
  • Esports Engine LLC
  • Let’s Play LLC

The contact information of our data controllers is:

Attn: Legal Department
10 East 53rd Street, Floor 4
New York, NY 10022

Legal Basis for Processing.

When we process your personal data, we will do so in reliance on the following lawful bases:

  • To perform our responsibilities under our contract with you (e.g., processing payments for and providing the products and services you request).
  • When we have a legitimate interest in processing your personal data to operate our business or protect our interests (e.g., to provide, maintain, and improve our products and services, conduct data analytics, and communicate with you).
  • To comply with our legal obligations (e.g., to maintain a record of your consents and track whether you have opted out of marketing communications).
  • When we have your consent to do so (e.g., when you opt in to receive marketing communications from us or consent to us sharing your information with our retail partners). When consent is the legal basis for our processing your personal data, you may withdraw such consent at any time, however, please note that this will not affect the lawfulness of any processing based on your consent before withdrawal.
Data Subject Rights.

Subject to certain limitations, you have the right to request access to a copy of the personal data we hold about you and to receive your data in a portable format, the right to ask that your personal data be corrected or erased, and the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, please email us at legal@vindex.gg.

If you have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the Data Protection Authority where you reside. Contact details for your Data Protection Authority can be found using the links below:

Data Retention.

Our retention periods for personal data are based on business needs and legal requirements. We retain personal data for as long as is necessary for the processing purpose(s) for which we originally collected it and for other business purposes explained in this Privacy Policy. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired. In addition, we retain your email address and information about your marketing preferences to ensure that we can honor those preferences.

10. PRIVACY POLICY CHANGES

From time to time, we may modify this Privacy Policy. When we change this Privacy Policy, we will notify you by revising the date at the top of this policy. If we make material changes, we will provide you with additional notice (such as by posting a notice within the Services or sending you a notification). We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.

11. CONTACT US

If you have any questions about our privacy practices or this Privacy Policy, please feel free to contact us at: legal@vindex.gg.