1. Scope of Privacy Policy

    OpenFeint, Inc. ( “OpenFeint” ) provides a platform on which Developers may offer games to players and a service for players to use in connection with such games. This Privacy Policy (the “Privacy Policy” ) describes the privacy practices that OpenFeint, and its affiliates (including its parent, Gree International, Inc.), employ with regard to information, including personal information, that it collects and receives from: (a) Developers who offer games ( “Games” ) that run on the OpenFeint platform ( “Developers” ), (b) users of Developer Games, including both those who enable the OpenFeint services ( “OpenFeint Players” ) and those who do not enable the OpenFeint services ( “Non-OpenFeint Players” ) (collectively, “Players” ), and (c) visitors of the OpenFeint website located at ( “Website Users” ).

  2. Third Party Website

    You could be directed to other sites that are developed and administered by people or companies which are not affiliates of OpenFeint. These other sites may place their own cookies on your computer, collect data or solicit personal information. This Privacy Policy does not apply to the practices of these companies or people. For example, this Privacy Policy does not govern the privacy practices of the Developers and Developer Games that may use the OpenFeint services, as the Developers and Developer Games are not controlled by OpenFeint. We suggest that when you link to another site you review that site’s privacy policy, as it may be different from this Privacy Policy. OpenFeint is not responsible for the actions of those people or companies, the content of their sites, the use of information you provide to them, or any products or services they may offer. Any link to those sites does not constitute our sponsorship of, or affiliation with, those people or companies.

  3. Consent

    By submitting information through our site or services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your information, including personal information, in accordance with this Privacy Policy.

  4. Information Collection and Use

    OpenFeint collects information as described below. OpenFeint uses information that we collect to create your account, fulfill your requests for products and services, improve our website, products and services, contact you, conduct research, create reports for internal use, and in the manners described below. Some specific types of information that OpenFeint may collect and use (directly or through our third party service providers) includes the following:

    • From Developers. If you are a Developer, we may collect the following:

      Your name or your company name, your email, Game name and Game platform(s), billing information (e.g., your PayPal email address or billing address for invoices) and other information as required by the Developer Agreement. We use this information to facilitate the relationship between OpenFeint and you as a Developer of Games that run on the OpenFeint platform. In order to run your Game on the OpenFeint platform, you must have a privacy policy that discloses to your end users (a) what data and other information of your end users and their devices you are going to provide to OpenFeint and what data and other information OpenFeint will collect from and about your end users and their devices and (b) what uses OpenFeint may make of any data or other information of your end users and their devices. Without limiting the foregoing, your privacy policy must specifically state that OpenFeint may collect data and other information from and about your end users and their devices, including from and about end users that do not enable OpenFeint’s services (i.e., Non-OpenFeint Players).

    • From All Players (i.e., Open-Feint Players and Non-OpenFeint Players). If you are a Player of a Game, we may collect the following:

      Device-Specific Information. Device-specific information includes the following information about a Player’s device: the unique device id assigned to your phone on iOS (but only if you are an Open-Feint Player), a device identifier associated with your device on Android, platform type and version (iOS v4, Android, etc.), hardware and processor type, screen resolution and human readable hardware name. Please note that for Android devices, OpenFeint stores your device hardware and OS information as soon as you start a Game, before you are presented with the option to enable OpenFeint’s services. We use this information to select appropriate art for the screen resolution, to identify your account to simplify sign-on, and to determine the hardware requirements of our Player base.

      Game Feed. OpenFeint offers a game feed feature that publicly displays certain information about Games and Players of those Games (e.g., the high score winner of a Game, including his/her profile picture) ( “Game Feed” ). You will not be notified when this information is displayed. If a Developer uses Game Feed, we collect information about all of the Developer’s Players (including OpenFeint Players and Non-OpenFeint Players). We will collect the number of times the Players see the Game Feed UI, the buttons the Player clicks on, how long it took the Game Feed to load and how many times each event in Game Feed (a “Feed Item” ) was viewed.

    • From OpenFeint Players. If you are a OpenFeint Player we may collect the following:

      Registration Information. When you register for the OpenFeint service, we will ask you to create a user id and may ask for other information such as your email address, Twitter® credentials, Facebook® credentials, and friends on the OpenFeint service which you may provide at your discretion This information may be linked with your UDID or unique device id. When you register with OpenFeint and sign in to the OpenFeint services, you are not anonymous to us. A OpenFeint Player has the capability to search for another OpenFeint Player on Twitter® or Facebook®. We do not store the search information.

      Your Player Record. Your player record includes your user name, access group, online and chat status, last played Game and score, other Game achievements (for example, high scores) and profile picture (collectively, the “Player Record” ). This Player Record is automatically created for every OpenFeint Player. This information is used to identify you as a Player and is visible to other Players when they access your profile.

      Game-Specific Information. Game-specific information is information about each Player and the Game they are playing. This information includes Game, user id, device hardware, total dashboard launches and duration, total online Game sessions and duration, country code and IP address. We share Game-specific information in aggregated form with Developers. Such aggregated information may include, for example, how many unique Players logged in on a given day, how many Game sessions were played and how many Players have unlocked a specific achievement.

      Chat and Discussion-Related Information. For each chat/instant message, this information includes Player and Game ID and the text and time stamps of the message. For each forum discussion thread and related posts, this information includes the subject, the author’s user ID, the user who posted last and time stamps. We use this information to moderate forums, chat rooms and instant messaging communications. Information you post in forums, chat rooms and instant messaging communications are publicly available and other people may see it.

      Virtual Goods Purchase Information. Virtual goods purchase information includes device ID (including UDID), currency type and exchange rate, country location, product identifier, item ID and quantity. We use this information to store your inventory on our servers so you can later retrieve it from another device; when this inventory changes we record and store the type and quantity of the items that have changed. We also share with Developers how many Players have purchased each specific virtual goods item, as well as how much money they have made in total from each specific virtual goods item. A Developer may have access to a specific Player’s virtual goods items, which the Developer is allowed to edit.

      Analytics Data. When you click or look at certain items, we store the data and use it for our internal analytics to improve our products and services. This includes that you viewed a Game page in the Services or clicked to install a Game in the Services. This information also includes the session ID, user ID (if logged in to OpenFeint), total play time (across all Game sessions) and session length (time of specific Game session). We may share analytics data with Developers.

      Facebook and Twitter Credentials. When you connect your OpenFeint account to Facebook or Twitter, we collect your user ID, Twitter name/ID or Facebook ID, session key, timestamps, friend list and your profile picture URL provided by Twitter/Facebook (as applicable). You can initiate stream updates to Facebook and Twitter.

      Developer Newsletters. If you sign up for a newsletter from a specific Developer, that Developer will receive from us your user name and email address in order to permit that Developer to contact you directly. If you wish to later opt-out of receiving such newsletters, please follow the opt-out directions below. The privacy policies of such Developers applies to their use and disclosure of your information that we collect and disclose to them. Because we do not control the privacy practices of such Developers you should read and understand their privacy policies.

      Invite a Friend. If you decide to invite a third party to create an account with OpenFeint, we will collect your and the third party’s names and e-mail addresses or phone numbers in order to send an e-mail or sms text on your behalf to the third party. We send these invites on your behalf and as your service provider. You agree that you and/or your friend is responsible for any text messaging rates that apply. You or the third party may contact us at [email protected] to request the removal of this information from our database.

    • From Developers, Open-Feint Players, and Website Visitors. We may collect the following from any user:

      Information You Provide. If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply. When you participate in one of our surveys, we may collect additional profile information.

      Cookies. OpenFeint uses “cookies” to keep and track your information. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate within the OpenFeint service. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. We set a persistent cookie to store your password if you choose “auto login”, so you don’t have to enter it more than once. We also store your display resolution and whether JavaScript is enabled in your browser to enhance your user experience. You can remove persistent cookies by following directions provided in your Internet browser’s help file. However, removing cookies may result in you not being able to take full advantage of the features of the OpenFeint service.

      Web Beacons. OpenFeint uses web beacons to keep and track your information. A “web beacon” is an electronic image placed in the code of a web page. We use web beacons to monitor the traffic patterns of users from one page to another and to improve overall site performance.

      Third Party Tools. OpenFeint’s services may also contain third party tracking tools from our service providers, an example of which includes Google Analytics. Such third parties may use cookies, APIs, and SDKs in our services to enable them to collect and analyze Player information on our behalf. While a third party may have access to your personal information in connection with the performance of services for OpenFeint, it may not use such information for any purpose other than providing its services.

      Anonymous Information. We may create anonymous information records from personal information by excluding information (such as your name) that make the data personally identifiable to you. We use this anonymous information to analyze request and usage patterns so that we may enhance the content of our website, products and services. OpenFeint reserves the right to use anonymous information for any purpose and disclose anonymous information to third parties in its sole discretion.

  5. Information Sharing and Disclosure:

    OpenFeint does not rent, sell, or share personal information about you with other people or companies which are not affiliates of OpenFeint, except when we have your permission, as described above, or under the following circumstances:

    • Service Providers. We provide your information to third party vendors, including third party publishers and other service providers, who work on behalf of OpenFeint and need the information to do work for OpenFeint. These third party vendors are required not to use your personal information other than to provide the services requested by OpenFeint.
    • Other Disclosures. Regardless of any choices you make regarding your personal information (as described below), OpenFeint may disclose personal information (a) to respond to subpoenas, warrants, court orders, lawful requests or legal process, (b) to establish or exercise our legal rights or defend against legal claims or protect our customers, (c) in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, or as otherwise required by law, or (d) to investigate any violation of this Privacy Policy or our Terms of Use.
    • Affiliates. We may share some or all of your personal information with our current and future parent company, any subsidiaries, or other companies under a common control, in which case we will require our affiliates to honor this Privacy Policy.
    • Acquirer. We transfer information about you if OpenFeint is acquired by or merged with another company. That company will possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Privacy Policy.
    • Anonymous Information. As described above, we may share anonymous information about you (and/or your Players if applicable) with any third parties, including our advertisers, publishers, business partners, and sponsors.
  6. Choices
    • Opting Out of Marketing

      We will periodically send you free newsletters and e-mails that directly promote the use of our website, products or services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us at [email protected] As described above, we may disclose your personal information to Developers for their own marketing purposes; however, we will cease any further disclosure of your personal information to Developers for their own direct marketing purposes if you “opt-out” by contacting us at [email protected] If you wish to discontinue receipt of these e-mails, please contact the applicable Developer directly to update your preferences. Despite your indicated e-mail preferences, we may send you service related communication, including notices of any updates to our Terms of Use or Privacy Policy.

    • Changes and Deletion of Your Data

      You may change any of your personal information in your account by editing your profile within your account. You can contact OpenFeint at any time at [email protected] if you would like OpenFeint to delete your record and any associated data, other than data about you that is anonymous. We also need to retain one of the following: your UDID, your email address, or your OpenFeint user ID. Please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.

  7. Information Protection

    We use reasonable efforts to protect your personal information against unauthorized access and unauthorized alteration, disclosure or destruction. However, we cannot guarantee that your personal information will be absolutely protected. For example, your personal information may be affected by actions outside of our control, such as computer “hacking” and physical theft. You acknowledge that you provide your personal information at your own risk.

  8. Our Privacy Policy About Children

    We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register or send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 may provide any personal information. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 13, please contact us at [email protected]

  9. International Transfer

    We may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. and other countries, and the use and disclosure of information about you, including personal information, as described in this Privacy Policy.

  10. Changes to the Privacy Policy

    This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your personal information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our website. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our website. These changes will be effective immediately for new users. Please note that at all times you are responsible for updating your personal information to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of personal information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your personal information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us, and cease using our website, products, or service, or any Games. Continued use of our website, products, or service, or any Games, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.