This Privacy Statement sets forth the information gathering, use, and dissemination practices of GameShack, its affiliate and subsidiary companies (“GameShack”) in connection with its Web site located at www.GameShack.com (the “Site”). This Privacy Statement addresses GameShack’s practices regarding information collected only directly through or from the Site – it does not address or govern any information gathering, use, or dissemination practices related to information collected from the visitor (sometimes referred to as “you” or “your”) other than directly through or from the Site, including, without limitation, from or via telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media. This Privacy Statement is incorporated into GameShack’s Statement of Use by reference, as if set forth fully therein, which must be reviewed and accepted by you.
1. Collection of Personal Information from Site Visitors
Please be aware that the Site is a general audience web site, not directed to children under the age of 13, and must not be used by children under 13. GameShack and the Site take important measures to comply with the Children’s Online Privacy Protection Act (COPPA). If you are the parent of a child under the age of 13 who you believe is accessing the Site or contributing personal information wittingly or unwittingly to GameShack or the Site, contact GameShack immediately as set forth in Section 4, so that we may restrict access and destroy such information.
Subject to the foregoing, GameShack may collect or track (1) the home server domain names, e-mail addresses, type of client computer, files downloaded, search engine used, operating system, and type of Web browser of visitors to the Site, (2) the e-mail addresses of visitors that communicate with GameShack via e-mail, (3) information knowingly provided by the visitor in online forms, registration forms, contest entries, surveys, e-mail, and other online avenues (including, without limitation, demographic and personal profile data), and (4) aggregate and user-specific information regarding which pages Site visitors access.
GameShack may place Internet “cookies” on visitors’ hard drives. Internet cookies save data about individual visitors, such as the visitor’s name, password, user-name, shopping cart, screen preferences, and the pages of a site viewed by the visitor. When the visitor revisits the Site, GameShack may recognize the visitor by the Internet cookie and customize the visitor’s experience accordingly. Visitors may decline Internet cookies, if any, by using the appropriate feature of their Web client software, if available.
GameShack also may use Web bugs to gather, store, and track certain information related to your visit to and activity on the Site. A Web “bug” is a file object, which can be a graphic image such as a transparent one pixel-by-one pixel graphics file, which is placed on a Web page or in an e-mail message to monitor user activity. A Web bug can gather, for example, the IP address of your computer, the time the Web page was viewed, and the type of browser used.
When a visitor performs a search within the Site, GameShack, without limitation, may record information identifying the visitor or linking the visitor to the search performed. GameShack may also record limited information for every search request and use that information to solve technical problems with the services available directly or indirectly in connection with the Site and to calculate overall usage statistics.
2. Use of Personal Data Collected
Personal data collected by GameShack may be used by GameShack for many reasons, for example, for editorial and feedback purposes, for marketing and promotional purposes, for a statistical analysis of users’ behavior, for product development, for content improvement, for fulfillment of a requested transaction or record keeping, or to customize the content and layout of the Site. Aggregate data on visitors’ home servers may be used for internal purposes, and individually identifying information, such as names, postal and e-mail addresses, phone numbers, and other personal information which visitors voluntarily provide to GameShack may be added to GameShack’s databases and used for future calls and mailings regarding Site updates, new products and services, and upcoming events.
GameShack also may use Site visitor data to contact the Site visitors regarding account status and changes to the subscriber agreement (if applicable), Privacy Statement, and any other policies or agreements relevant to Site visitors.
3. Disclosure of Personal Data to Third Parties
Aggregate data on visitors’ home servers and individually identifying information, such as names, postal and e-mail addresses, phone numbers, may be provided to third parties such as marketing firms.
Identifiable and non-identifiable visitor information and data which visitors provide to GameShack may be provided to third parties who provide products, information, or services which GameShack believes that visitors may be interested in directly or indirectly purchasing or obtaining. Identifiable or non-identifiable data also may be disclosed or distributed to another party with which GameShack enters or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase, or to a third party pursuant to a subpoena, court order, or other form of legal process, in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process, or if determined by GameShack in its sole judgment that such disclosure or distribution is appropriate to protect the life, health, or property of GameShack or any other person or entity.
While GameShack may undertake efforts to see that any third party to which GameShack shares, rents, sells, or otherwise discloses personal data is under a contractual obligation to use the personal data solely for the purposes for which the data was disclosed, such third parties are independent third parties over which GameShack exercises no control. GameShack is not responsible for, and will not be liable for, their conduct, actions, omissions, or information handling or dissemination practices.
This Site may contain links to other World Wide Web sites or advertisements for or placed by third parties. GameShack is not responsible for the privacy practices of such Web sites, advertisers, or third parties, or for the content of such sites or advertisements. It is possible that these links or advertisements, themselves, may be used by third parties or others to collect personal or other information about Site visitors. It is solely the visitor’s obligation to review and understand the privacy practices and policies of these other Web sites and of these advertisers and third parties.
4. Security Measures and Communicating with GameShack
GameShack has implemented numerous security features that are designed to prevent the unauthorized release of or access to personal information. For example, GameShack undertakes all efforts to maintain a secure server; does not store any user credit card information; and requires certain employees and service providers who work for or with GameShack to sign confidentiality agreements restricting their use of any data related to user information. However, the confidentiality of any communication or material transmitted to or from GameShack via this Site or e-mail cannot be and is not guaranteed. Accordingly, GameShack is not responsible for the security of information transmitted via the Internet. Instead of communicating with GameShack via e-mailing legal@GameShack.com or the Internet, visitors can contact GameShack by regular mail at 871 Flanders Drive, Valley Stream, NY 11581, United States.
5. Comments, Notices and Chat Rooms
Comments posted to any of our Web pages are public. With respect to chat rooms, GameShack does not, and is not obligated to, monitor or review any areas on the Site, or the content therein, where users transmit or post communications or communicate with each other regarding GameShack or content on the Site, including but not limited to, communications in chat rooms, bulletin boards or other user forums. Please refer to Section 1 of the Statement of Use for further detail concerning Materials Submitted to the Site. As such, GameShack assumes no liability for the accuracy of such information, no duty to update or correct such information, and no liability for such communications arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
6. Opt-Out Right
Except as necessary for GameShack to provide the services, information, or products requested by a visitor, the visitor may opt out of having his or her personally identifiable information, which has been voluntarily provided to GameShack through online forms, registration forms, contest entries, surveys, e-mail, or another online avenue, prospectively retained by GameShack, used by GameShack for secondary purposes, or disclosed by GameShack to third parties, by contacting GameShack via postal mail or e-mail at the addresses set out above. (This does not apply to collection of the type of Web browser of the visitor to the Site or to information provided or collected that does not meet the description in this Section 6.)
7. Access to and Ability to Correct Personal Data
Upon a visitor’s request via postal mail, e-mail, or telephone, GameShack will provide to the visitor a summary of any personally identifiable information retained by GameShack regarding the visitor that has been voluntarily provided by the visitor to GameShack through online forms, registration forms, contest entries, surveys, e-mail, or another online avenue. A visitor may modify, correct, change or update his or her personally identifiable information by contacting GameShack via postal mail, e-mail, or telephone at the addresses or numbers above.
8. Right to Change Privacy Statement
GameShack may change this Privacy Statement at any time. Notice of any new or revised Privacy Statement, as well as the location of the new or revised statement, will be posted on the Site for at least 60 days after the change. It is the obligation of users returning to the Site to learn of changes to the Privacy Statement since their last visit. Any change to this Privacy Statement shall be effective as to any visitor who has visited the Site before the change was made.