CURSE, INC.
PRIVACY POLICY
Last
updated June 17, 2009
Our
Privacy Commitment
Welcome to
Curse! Curse, Inc. (“Curse,” “we,”
“us” or “our”) is committed to respecting
the privacy rights and concerns of all users of the Curse
websites where this Privacy Policy is posted (the “Site(s)”)
(we refer to the Site(s), the services and software made available through the Site(s),
collectively, as the “Curse Features”). As such,
we have established and implemented this Privacy Policy to inform visitors
to the Site(s) and users of the Curse Features how we use and protect
the information we collect through the Site(s). By visiting the
Site(s) or using any of the Curse Features, you consent to Curse’
collection, use, storage, deletion and disclosure of information relating
to you as set forth in this Privacy Policy. This Privacy Policy
is effective as of the date set forth above and is only applicable to
the Site(s) and not to any other website that you may be able to access
from the Site(s) which may have its own data collection and use practices
and policies.
This
policy answers the following questions:
- What
information do we collect about you and how do we use it?
- Will
we share your personal information with third parties?
- What
choices do you have about the collection and use of your personal information?
- What
security measures do we take to safeguard your personal information?
What
information do we collect about you and how do we use it?
Types of
Information We Collect
Personal information means information
that can be used to identify and contact you. You do not need to submit
personal information to access certain areas of the Site(s), but if
you do not want to disclose certain personal information to us, you
will not be able to access certain aspects of the Curse Features.
We collect
personal information when you create an account through the Curse Features;
subscribe to our newsletter; participate in chat rooms, forums, polls,
surveys, and questionnaires; participate in contests, sweepstakes, or
other promotions; purchase a product through the Curse Features; register
a product that you have purchased; or receive customer or technical
support.
To create an
account for the Curse Features, we require you to provide your name,
email address and country in which you reside. You will also need
to create a screen name. When you are purchasing premium services
or products through the Curse Features you may have to submit personal
information to our billing partner, PayPal, including your email address,
billing address and additional billing information depending on your
preferred method of payment through PayPal, such as your credit card
number. When you enter a contest or sweepstakes with Curse, in addition
to your screen name, name and email address, we will ask for your mailing
address in case we have to mail you a prize.
Additionally,
we may also collect other types of information (known as demographic
information) such as your gender, hobbies, occupation, platform preferences,
and other game ownership information. This demographic information may
be associated with your personal information.
How We Use
Your Personal Information
The personal
information you provide to us will allow us to fulfill your product
or service order; alert you of new products or services, features, or
enhancements; handle/route your customer service questions or issues;
and/or notify you of upgrade opportunities, contests, promotions, or
special events and offers. We also use your e-mail address to send you
messages about the Curse Features and other general announcements.
We keep track of your interactions with us, including but not limited
to your activity within the Curse Features. We may use personal information
that you provide to us to send messages to you in response to your request
to perform an activity in connection with your use of any of the Curse
Features. We may also use your personal information to contact you when
necessary.
Cookies
“Cookies”
are small bits of electronic information that a website sends to a visitor’s
browser and are stored on the visitor’s hard drive. Like many websites,
we employ cookies in certain areas of the Site(s) to allow us to provide
information which is targeted to your interests and to make your online
experience more convenient. For example, when you return to one of our
websites after logging in, cookies provide information to the website
so that the website will remember who you are. Should you disable
cookies in your browser, you will have to provide your screen name and
password each time you log in. Additionally, advertisements that
are managed by third parties which may appear on the Site(s) use cookies.
Advertisers use cookies to collect non-personal information when you
click on or move your cursor over one of their banner advertisements.
You may not realize this information is being collected. Advertisers
use this information to monitor the performance of their advertisements.
In some cases, we may have access to information from cookies used by
these advertisers on the Site(s) and this information may permit us
to identify other sites that you have visited that are also associated
such advertisers.
Log
Information
Our servers
automatically record information that your browser sends whenever you
visit the Site(s). Additionally, some of the Curse Features may collect information regarding your computer system. This information includes your Internet Protocol
address, your browser type and version, the search engine you used to
find the Curse Features, if any, the operating system your computer
uses, the type of computer hardware you have (such as the amount of
RAM, the type of GPU or type of CPU in your computer) which Curse Features
you use and when and how long you use them. We use this information
to monitor and analyze how users use the Curse Features, to provide
customer service and to maintain and improve the Curse Features.
Children’s
Privacy
We do not knowingly
collect personal information from children under 13. We take children’s
privacy seriously, and encourage parents to play an active role in their
children’s online experience at all times.
Will
we share your personal information with third parties?
Sharing of Information
We
may use your personal information to provide analyses of our users in
the aggregate to prospective partners, advertisers and other third parties.
We may also disclose and otherwise use, on an anonymous basis, affiliation,
position, interests and other non-personal information about customers.
In
addition, we will share the personal information we collect from you
under the following circumstances:
- Protection
of rights. We will share personal information if we have a
good faith belief that (i) access, use, preservation or disclosure of
such information is reasonably necessary to satisfy any applicable law,
regulation, legal process, such as a court order or subpoena, or a request
by law enforcement or governmental authorities, (ii) such action is
appropriate to enforce the Terms of Service for the Curse Features,
including any investigation of potential violations thereof, (iii) such
action is necessary to detect, prevent, or otherwise address fraud,
security or technical issues associated with the Curse Features, or
(iv) such action is appropriate to protect the rights, property or safety
of Curse, its employees, users of the Curse Features or others.
- Asset
transfers. If we become involved in a merger, acquisition
or other transaction involving the sale of some or all of Curse’s
assets, user information, including personal information collected from
you through your use of the Curse Features, could be included in the
transferred assets. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on the Site(s).
- Service
Providers. We may share your personal information with service
providers that we engage for the purpose of processing information on
our and your behalf. For example, have partnered with other companies
to host and manage contests, fulfill product orders and prizes, and
process payments. Additionally, we may partner with other companies
to process consumer surveys, or to process, analyze, and/or store data.
While providing services for us, these companies may access your personal
information. To the extent applicable, we require these entities
to comply with this Privacy Policy and appropriate confidentiality and
security measures.
Additional
Information You Should Know About Third Parties
This
Privacy Policy does not cover the information practices of third party
websites linked to the Site(s). Although we encourage such third parties
to adopt and follow their own privacy policies, we are not responsible
for their collection and use of your personal information. You
should refer to the privacy policies and statements of other websites
or contact the respective webmasters of those websites to obtain information
regarding their information collection, use and disclosure policies.
When you have
clicked on an advertisement or third party logo displayed on our Site(s)
which links you to a different website, our Privacy Policy no longer
applies and you must read the privacy policy of the advertiser to see
how your personal information will be handled on their website.
The Curse Features
may also have message boards, forums and/or chat areas, where users
can exchange ideas and communicate with one another. When you
post to a message board, forum or chat area, please be aware that the
information you post is made publicly available on-line and you do so
at your own risk.
Control of Your Information
You
may update or delete your personal information or modify your account
preferences for the Curse Features by accessing the “My Account”
area of the Curse Features or sending us an email to support@curse.com requesting us to update or delete
your personal information. Please note that when you delete your
account, we may retain your account information for a reasonable period
of time afterward for the purpose of internal account management and
fraud prevention activities.
Opting
Out of Receiving Communications from Us
If you no longer
want to receive our newsletter, e-mails or other announcements, you
may unsubscribe by selecting “unsubscribe” in your account, writing
to us at contact@curse.com or replying to the unsubscribe link at the
bottom of our e-mails. Please note that you cannot unsubscribe
from certain correspondence from us, including messages relating to
your account transactions.
Mediation
If you are
a resident of a country outside of the European Union, you also agree
that, in the event any dispute or claim arises out of or relating to
this Privacy Policy that you and Curse will attempt in good faith to
negotiate a written resolution of the matter directly between the parties.
You agree that if the matter remains unresolved for forty-five (45)
days after notification (via certified mail or personal delivery) that
a dispute exists, all parties shall join in mediation services in San
Francisco, California with a mutually agreed mediator in an attempt
to resolve the dispute. Should you file any arbitration claims, or any
administrative or legal actions without first having attempted to resolve
the matter by mediation, then you agree that you will not be entitled
to recover attorney’s fees, even if you would otherwise be entitled
to them.
Dispute
Resolution for Residents of the European Union
If you are
a resident of the European Union, in the event that you have any dispute
or claim arising out of or relating to this Privacy Policy, you may
report your claim to the European Union Data Protection Authorities
located in your jurisdiction.
The
personal information that you provide to us is stored on servers, which
are located in secured facilities with restricted access, and protected
by protocols and procedures designed to ensure the security of such
information. In addition, we restrict access to personal information
to Curse employees, independent contractors and agents who need to know
this information in order to develop, operate and maintain the Curse
Features. All Curse personnel who have access to this information
are trained in the maintenance and security of such information.
However, no server, computer or communications network or system, or
data transmission over the Internet can be guaranteed to be 100% secure.
As a result, while we strive to protect user information, we cannot
ensure or warrant the security of any information you transmit to us
or through the use of any of the Curse Features and you acknowledge
and agree that you provide such information and engage in such transmissions
at your own risk. Once we receive a transmission from you, we
will endeavor to maintain its security on our systems.
European
Commission's Directive on Data Protection - Safe Harbor
Curse adheres
to the Safe Harbor Principles that were established by the U.S. Department
of Commerce in consultation with the European Commission to comply with
the European Commission's Directive on Data Protection.
Notification
of Changes
This
Privacy Policy may change from time to time and we will post all changes
on this page.
Questions?
Contact Us
If
you have any questions about our privacy practices or this Privacy Policy,
please contact us by email at contact@curse.com.
Terms
of Service
Please
read the Terms
of Service and Premium Subscription
Additional Terms of Service
governing the use of the Site(s) and the Curse Features.
