PRIVACY POLICY

Last Updated: March 24, 2023

Your privacy highly matters to WARPFROG SAS ("we", "us", "our", the "Company", or "WARPFROG"). This is our privacy policy for the website located at warpfrog.com (the "Website"). Please review this policy carefully to understand our policies and practices, including any use of your information, and how we will treat it (the "Privacy Policy" or "policy"). By accessing or using this Website, you agree to be bound by this Privacy Policy. Where noted, this policy has been adapted to comply with the California Consumer Privacy Act of 2018 ("CCPA"), which applies solely to all visitors, users, and others who reside in the State of California), and any terms defined in the CCPA have the same meaning when used in this Policy.

If we make material changes to how we treat our users' personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and this privacy policy to check for any changes.

This policy applies to information we collect:

• On this Website.

• In email, text, and other electronic messages between you and this Website.

• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

• It does not apply to information collected by:

o Use offline or through any other means, including on any other website operated by Company or any third party; or

o Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website

The information we collect on or through our Website may include:

• Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.

• Records and copies of your correspondence (including email addresses), if you contact us.

• Your responses to surveys that we might ask you to complete for research purposes.

No Collection/Processing Of Personal Data

We  do not collect or otherwise process any personal data (whether yours or that of any other person) solely from your use of the Website. That means we do not obtain your name, physical address, IP address, geolocation, etc. except through our use of cookies, as addressed below.

Accordingly, for the purpose of European Union Regulation no. 2016/679 on personal data (the "GDPR") (or any similar legislation if you are located outside of the European Union), WARPFROG is neither a controller nor a processor of personal data.

However, if you purchase a WARPFROG game from a separate platform (including an internet distribution platform that you may access via a link from this Website), your personal data (if any) may be collected and processed by that platform. If you do purchase our game from one of these other platforms, the use of your personal data will be governed by that platform's own privacy policy. WARPFROG has no control over and is not responsible for how your data is being processed by these third-parties. Please refer to the relevant privacy policy and terms of use for each such internet distribution platform for any questions regarding the personal data you provide to them.

Additionally, there may be activities you do on the Website in which you would provide us with personal data, such as:

• Filling in forms on our Website, such as when you enter a contest or promotion sponsored by us on the Website or when you report a problem with our Website;

• If you contact us via email, we will receive records and copies of your correspondence and contact information shared during the exchange, (including email addresses); or

• Your responses to surveys that we might ask you to complete for research purposes.

What If We Happen to Collect/Process Personal Data?

In the event that WARPFROG does collect personal data, the following rules would apply:

1. Your consent to share the personal data would have to be expressly obtained.

2. WARPFROG shall clearly explain why it is requesting the data and WARPFROG will obtain only as much information that is strictly necessary for the reason it is being collected.

3. WARPFROG will not transfer your personal data to any other person, unless it is required to do so by a authority duly entitled to make such a request.

4. WARPFROG will not keep your personal data for more than five (5) years after collection.

5. You have the right to request in writing (i) a list of the personal data held by WARPFROG with respect to you, the correction, deletion, limitation to the processing of, the portability/transferability of your personal data, and/or to oppose the processing of your data, or (ii) to lodge a claim in France with the French Commission Nationale de l’Informatique et des Libertés (CNIL / https://www.cnil.fr), or as the case may be with your local personal data protection agency. Please contact us using the Website contact form.

6. WARPFROG is a French société par actions simplifiée with registered office at 4 rue Edith Piaf -Immeuble Asturia C – 44800 Saint-Herblain, France, registered with the Trade and Companies Registry of Nantes, France, under number 848 580 965, as well as at 1700 W. Irving Park Road, Chicago, IL 60613. You may contact the company through its legal representative using the Website contact form.

Rights and Choices Under the CCPA

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months (the "right to know"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete below), we will disclose to you:

· The categories of personal information we collected about you.

· The categories of sources for the personal information we collected about you.

· Our business or commercial purpose for collecting or selling that personal information.

· The categories of third parties with whom we share that personal information.

· If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

o sales, identifying the personal information categories that each category of recipient purchased; and

o disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

o the specific pieces of personal information we collected about you (also called a data portability request).

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "right to delete"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1.   Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.

2.   Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

3.   Debug products to identify and repair errors that impair existing intended functionality.

4.   Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

5.   Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

6.   Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.

7.   Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

8.   Comply with a legal obligation.

9.   Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Exercising Your Rights to Know or Delete

To exercise your rights to know or delete described above, please submit a request by contacting us using the Website contact form. Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.

You may only submit a request to know twice within a twelve (12) month period. Your request to know or delete must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. The requesting party must also describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

We will only use personal information provided in the request to verify the requestor's identity or authority to make it.

Response Timing and Format

We will confirm receipt of your request as soon as commercially possible, but please note that you may not receive immediate confirmation.

Our goal is provide a substantive response to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another forty-five (45) days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the twelve (12) month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

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