We reserve the right to change the provisions of this Policy at any time. We will alert you that changes have been made by indicating on the Policy the date it was revised. We encourage you to review this Policy from time to time to make sure that you understand how any personal information you provide will be used. Your continued use of the Services following the posting of changes to these terms will mean you accept those changes. Except as provided in the "Your California Privacy Rights" section below, this Policy applies only to information that we collect through the Services and does not apply to information which we may collect by other means.
The following only applies to California residents who have an established business relationship with PowerA. Except as set forth in this Policy, PowerA does not share the personally identifiable information (“Personal Information”) we collect from you (whether online or offline) with third parties for their direct marketing purposes without your prior approval. If you provide such approval, we may disclose such Personal Information to PowerA's business partners and/or other third parties for purposes of direct marketing. For more information on how your Personal Information is collected, used and shared, please read the remainder of this Policy.
The information about you that we may collect can be divided into the following general categories:
In general you can visit the Site without telling us who you are or revealing any Personal Information about yourself. However, if you do not provide us with certain requested information, we may not be able to provide certain services and features that may be contained on the Site to you.
The specific types of information we collect from time to time and the reasons for collecting it may vary depending upon the particular circumstances. We may collect Personal Information through the Services such as your first and last name, telephone number, a home or other physical address, email address or other contact details. Where practicable, the purpose for which we collect the Personal Information will be made clear at the time of collection. Any Personal Information you give us will be used and disclosed only in accordance with this Policy.
We may also collect certain demographic information (such as gender, age and product usage and purchasing habits) and information about your interests and preferences ("preferences information"). In many cases, such demographic and preferences information is optional. However, if we ever use any demographic or preferences information together with any Personal Information, then such demographic and preferences information will be treated as Personal Information under this Policy.
We will only use information obtained via cookies in order to learn about your preferences so that we may improve the Site and the services and features we offer on the Site. We do not link the information we store in cookies to any Personal Information you submit while on the Site.
As a guide, and in addition to any purpose of which we notify you at the time of collection, we may use information that is collected from you (including Personal Information) (a) to provide you with information or a service or product you have requested from us, (b) to operate the Services, including features on the Site, (c) to allow you to participate in sweepstakes, contests and other promotions available through the Services, (d) to help us gain a better understanding of your likes and dislikes, so as to improve the Services, our marketing strategies and the products, services and features generally offered by us or our related companies and (e) to communicate with you by email, regular mail or telephone regarding PowerA products or services and products and services offered by our Partners (as defined below), as well as to keep you informed of new developments or other offers we believe may be of interest to you.
We may group the information we collect from cookies, clickstream data and similar tracking technologies into aggregate visitor data in order to describe the use of the Site to our existing or potential business partners, sponsors, advertisers or other third parties, or in response to a government request. We may also group demographic and preferences information that we collect from users into aggregate data for the same purposes. However, please be assured that this aggregate data will in no way personally identify you or any other visitors to the Site.
From time to time we may provide your Personal Information to companies and individuals we engage or employ to perform services on our behalf (collectively "Service Providers"), such as analyzing information, providing marketing assistance and/or providing information technology and related services. Our employees, contractors, agents, advisers and other Service Providers will have access to only that Personal Information required by them to perform their services, and may not use such information for any other purposes, nor are they to provide your information to third parties without your consent.
PowerA does not share the Personal Information we collect from you through the Services with third parties for their direct marketing purposes without your prior approval. If you provide such approval, we may disclose such Personal Information to PowerA's advertisers and business partners (collectively, "Partners") and/or other third parties for purposes of direct marketing.
Nothing herein restricts the sharing of information we collect from you in an aggregated or anonymized form that does not directly identify you, and such information may be shared in any manner and for any purpose without your consent. This can include a device ID and/or usage information that is not connected to personal information.
You understand that when you use the Site or the Apps, any information you post in any interactive areas of the Site or the Apps, including in any comments, listings, profiles, public or private groups or forums, as well as any information you share with individuals through the Site or the Apps or through social network sites or other social feeds, will be available to other users and in some cases may be publicly available. We recommend you be cautious about giving out personal information to others or sharing personal information in public or private online forums.
Finally, we reserve the right to disclose visitor information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else that could be harmed by such activities. We also reserve the right to disclose visitor information when we believe in good faith that the law requires it.
From time to time, PowerA may conduct sweepstakes, contests, games or other promotions, and also conduct surveys through the Services. If you choose to participate--unless otherwise noted in the applicable rules, terms and conditions, or disclaimers--we may use the information you provide in connection with the administration of the applicable promotion, including for selection and notification of sweepstakes or contest winners and for creation of new promotions, and/or to publish survey results in aggregate on the Site and other media. Except where necessary to administer a sweepstakes, contest, game or other promotion or survey, unless set forth in the rules or terms applicable to such promotion or survey, unless you have otherwise agreed, or unless required by law, we will not share or publish any response you give connected to your name, address or email address. We will hold these responses only as anonymous statistics.
We will provide you with the opportunity to opt-out from any such promotional email communications from us by following the instructions for doing so included in each such email; however, we reserve the right to send you certain communications relating to the Services, such as service announcements, or similar administrative or transactional messages, without offering you the opportunity to opt-out from receiving them.
We may offer you the opportunity to forward to a friend information or content available at the Site via email. If you choose to use this feature, we will collect the name and email address of your friend in order to send emails on your behalf. We may also use your name and email address in order to identify you as the initiator of the email. PowerA does not store the name or email address of any friend; the data is collected for the sole purpose of sending one-time emails to your friends on your behalf. You are responsible for informing those you designate as friends that emails may be sent to them from PowerA on your behalf.
Please be aware that when you are on the Site, you could be directed to other websites that are beyond our control, including, without limitation, websites owned or operated by our Partners, product review websites, video websites and social networking websites. These other websites may send their own cookies to visitors, collect data or solicit Personal Information. Links to or from the Site do not constitute sponsorship, endorsement or approval by us of the content, policies, practices, goods or services offered by or through those websites.
This Site is a general audience website, and it and the Services, generally, are not directed to children under 13. Except as described within this Policy or as otherwise permitted under applicable law, we do not knowingly collect Personal Information from anyone under 13 years of age. In the event a child under the age of 13 submits a question to us on the Site and identifies his or her age, we may use the child's email address for the sole purpose of responding to the child's question on a one-time-only basis. However, we will not use the child's email address to re-contact the child and we will delete it from our records once we have responded. Likewise, if a child under the age of 13 enters a contest or sweepstakes at the Site, we will collect the child's email address to contact the child on a one-time basis to notify them if they are a winner and then delete the email address from our records. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.
We take measures designed to protect your personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. To protect the confidentiality of Personal Information maintained in your account, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Site and the Apps by any person using your password. Please advise us immediately if you believe your password has been misused.
If you have any comments or questions or have a problem or complaint regarding our Policy, please contact us at PowerA c/o Bensussen Deutsch & Associates, Inc., 15525 Woodinville-Redmond Road NE, Woodinville, WA 98072.
© 2012 Bensussen Deutsch & Associates, Inc. All rights reserved.