PLEASE READ THE FOLLOWING PRIVACY POLICY (the “Privacy Policy”) CAREFULLY.

Panache Digital Games, Inc., and its subsidiaries or affiliates (“PANACHE” or “we”) value its customers, respect your privacy and understand the importance of protecting your personal information. We have created this Privacy Policy to demonstrate our firm commitment to your privacy and security, and to advise you about the collection, use and disclosure of personal information provided through any PANACHE product, service or website (collectively, the “Services”). We will only collect information we need to fulfill your requests and our legitimate business objectives. We will not collect, use or disclose your personal information other than in compliance with this Privacy Policy, and we will not share your personal information with unaffiliated third parties that are not bound by this Privacy Policy unless you tell us we can.

BY REGISTERING FOR A PANACHE ACCOUNT, AND/OR BY ACCESSING AND USING THE GAME CLIENT, THE FORUM, THE WEB OR THIRD PARTY CLIENT, OR ANY OF THE SERVICES, AND/OR BY PROVIDING ANY PERSONAL INFORMATION ACQUIRED DURING VISITORS’ AND CUSTOMERS’ VISITS TO ANY PANACHE WEBSITE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE ANY PANACHE PRODUCT, SERVICE OR WEBSITE. You are responsible to ensure that your access to any of the Services and material on or through it is legal in each jurisdiction in or through which you access or view the Services or such material.

We reserve the right to modify this Privacy Policy at any time. If we decide to change the Privacy Policy, we will post these changes on PANACHE’s websites so that you can be updated as to what information we gather, how that information may be used and whether (and how) it may be disclosed to any third parties. Revisions to terms affecting existing Services shall be effective thirty (30) days after posting. Your continued use of our online and mobile products and services will signify your acceptance of the changes to our Privacy Policy, and you will be bound by such changes unless you advise us in writing, by phone or by email that you wish to withdraw your consent (as per the procedure outlined above). You are responsible for regularly reviewing the Privacy Policy and any changes thereto.

1. What is Personal Information And When Does PANACHE Collect It?

Any time you use or introduce any information, content or other materials through any of the Services or otherwise provide personal information to PANACHE (including via mail or email in regular correspondence), it may be collected, used and disclosed by PANACHE for various purposes as described herein. PANACHE collects both personal and non-personal consumer information. Personal information collected by PANACHE is discussed below in this section. Non-personal information is discussed below in Section II.

In light of the importance of protecting children’s privacy, we do not intend the Services for child audiences, and we do not collect, process or use through the Services any information relating to an individual whom we know to be under 13 years old without the prior consent of his or her parent or other legal representative. If a parent or guardian discovers that his or her child has provided us with personally identifiable information, such parent or guardian has the right, upon request, to view the information provided by the child and/or to require that it be deleted from our records. In such a case we ask that the parent or guardian of the child contact us at the contact information provided in the “Contact Information” section below for such purpose.

1. Personal Information Collected By PANACHE

Personal information is information that identifies you and that may be used to contact you on-line or off-line.

We will only collect personal information from you when you provide your personal information directly to PANACHE, such as during registration or within any of PANACHE’s games, by setting up a user account and password, by accessing and using PANACHE’s websites, by communicating with PANACHE by telephone, email or otherwise, or when provided through gameplay, or by introducing or posting any text, image, video, audio, or any information, content or other materials through any of PANACHE’s social networking websites and web pages. Such information shall namely include, as the case may be, your name, email, phone number, login name and password, date of birth, address and payment information (including related payment verification information).

Moreover, every time you visit any PANACHE website or during gameplay of any PANACHE game, the following information may be automatically obtained and compiled: your internet protocol (IP) address and the domain name registry information associated with that IP address; identification of your internet browser, operating system and hardware platform you are using; the date and time of your visit; the name and address (URL) of the web page you viewed immediately prior to accessing any PANACHE website; your entire query (if any) that was entered into a search engine which led you to the PANACHE website; and any other “click stream” data. We may store such information in our log files. In general, we use log files to monitor traffic on our websites and to troubleshoot technical problems. In the event of user abuse of our websites, however, we may block certain IP addresses. If available, IP addresses and console IDs may be used to personally identify you in order to enforce our terms of service.

1. Personal Information Provided To PANACHE By Third Parties.

We may also receive other personal information from third parties in connection with the operation and distribution of our website and online products as well as market and demographic studies that we use to supplement personal information provided directly by you. As with all other information, we use this data only for purposes consistent with this Privacy Policy.

1. What Is Non-Personal Information And When Does PANACHE Collect It?

Non-personal information, alone, cannot be used to identify or contact you. PANACHE collects non-personal information about your use of the Services.

1. What Types of Non-Personal Information Does PANACHE Collect?

When you use the Services, we may collect certain non-personal information about you, including without limitation, demographic information, usage information and game play statistics. Additionally, the complete record of your actions at any PANACHE website or game, including all pages visited, the time spent on each page and the information sent or received may be collected. We may also receive either non-personal or public information from third parties in connection with market and demographic studies that we use to supplement personal information provided directly by you.

1. How Does PANACHE Collect Non-Personal Information?

PANACHE collects non-personal information in addition to personal information when you actively provide it in the context of various activities including online polls, marketing surveys for instance. In addition, we might use cookies and other technologies to passively collect non-personal demographic information and personalize your experience on our sites.

1. Cookies

Cookies are small data files that a website stores on your computer’s hard drive or in random access memory when you are viewing the website. They keep a record of your preferences, making your subsequent use of the website more efficient. In certain cases, this information is only kept during the session and is deleted when you close your browser. In other cases, the information is stored on your device and, upon your next visit, the cookies are used to recall such information. Cookies may store a variety of information, including a unique user ID that can be used to track the pages you have visited and the number of times that you view a particular page or other item on any PANACHE website, login or registration information, your preferences and your purchase history, where available.

No personal information is transmitted via cookies. Cookies, by themselves, cannot be used to reveal or discover the identity of the individual user; your acceptance of our cookies will not compromise your anonymity while using any PANACHE website.

We may link cookie information to personal information. We use cookies in order to improve the experience of users of any PANACHE website. We may use cookies to deliver content specific to your interest and to monitor website or game usage.

The use of cookies is a common practice adopted by most major websites and apps to better serve their clients. Most browsers are automatically set to accept cookies whenever you visit a website. You can disable cookies or set your browser to alert you when cookies are being sent. This is done through your browser settings; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of PANACHE’s website functions will not be available, and you will lose some of the benefits, such as, amongst other things, we will not recognize you as a past visitor or a registered user.

Composite tracking information generated by cookies may be shared with third parties for the purpose of documenting any PANACHE website activity, traffic accounting, content analysis and other trends. Statistical information is not linked to any personal information and cannot identify any individual user of PANACHE’s websites.

Please note that this Privacy Policy covers the use of cookies by PANACHE only and does not cover the use of cookies by any third parties or advertisers.

2. Analytic Metrics Tool And Other Technologies

PANACHE may also use its own proprietary analytic metrics tool and other analytics technologies to collect non-personal information when you use the Services.

III. What Happens To The Information PANACHE Collects?

1. How PANACHE Uses Your Information

In order to better serve you as well as maintain and improve our product and service offering, we may combine and aggregate information we collect directly or indirectly from you through your use of the Services. We may also combine these with readily available demographic information in order to enable us to communicate with you, by telephone (including by way of automated dialing answering device), email, mail, text, sms or otherwise, depending on the level of clearance you have signed up for. We also collect this information in order to:

• Develop, Offer and Provide Services and Features: PANACHE uses the information it collects to develop, offer, provide, personalize, maintain and improve PANACHE products and services. This includes using the information to:
  • Create and update your account.
  • Verify your identity.
  • Process your information.
  • Process or facilitate payments for Services.
  • Perform internal operations necessary to provide our services and develop new products, including to troubleshoot software bugs and operational problems, to conduct data analysis, testing, and research, and to monitor and analyze usage and activity trends.
  • Develop new products, services and offerings.

• Research and Development: We may use the information we collect for testing, research, analysis and product development. This allows us to improve and enhance the efficiency and quality of our Services and develop new features and products.

• Communications from Us: If you choose to receive communications from us about PANACHE products and news, we may use the information we collect to communicate with you about new features, enhancements, contests and events of interest. You may also later opt out of this service.
• Legal Proceedings and Requirements: We may use the information we collect to investigate or address claims or disputes relating to your use of the Services, to investigate any actual or threatened security breach of PANACHE, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries.

We also use information collected from any PANACHE website to measure interest in the various areas of such websites, to ensure that links on the websites facilitate easy navigation and to help make the websites more interesting and informative. Except as described in this Privacy Policy, any personal information that we disclose to third parties is done in the aggregate on a non‑personally identifiable basis and is used primarily to identify demographic data regarding our customers. You hereby consent to the disclosure of the aggregated data without any compensation to you.

You acknowledge and agree that PANACHE shall also have the right to incorporate, use and reproduce any text, image, video, audio, or any information, content or other materials you provide through any of the Services, by e‑mail or post through PANACHE’s social networking websites and web pages, in whole or in part, in connection with the marketing and promotion of PANACHE’s business. You always have the right to revoke such consent in the manner described in the section “How do I exercise my choices about the collection, use and disclosure of my personal information?” below.

1. Will PANACHE Share My Information With Third Parties?

PANACHE will never share your personal information with any non-affiliated third party without your prior consent, other than as provided below:

• To a PANACHE Affiliate: We may disclose your personal information to any of PANACHE’s affiliates, divisions, successors and assigns and their respective employees, mandataries and agents, so that they may communicate with you (whether by e‑mail, telephone, text, post or otherwise) and provide you with promotional materials and additional information about their products, services, promotions and special offers that may be of interest to you, or collect and use that information subject to and for other purposes contemplated by this Privacy Policy.

• In a Sale Context: In the event of a sale of all or substantially all of our business or another similar transaction (such as a sale of a division or business unit), we may transfer or disclose your personal information to a purchaser or prospective purchaser, who may collect, use and disclose such information for the purposes of evaluating and/or effecting a proposed transaction or operating and managing the affairs of the acquired business, or for other purposes identified in this Privacy Policy.

• Non-Affiliated Third Parties: We may share personal data in the aggregate (in a form that does not personally identify you) with non-affiliated third parties. You may also opt in to allow PANACHE to share your personal information with companies and organizations that provide products or services that we believe may be of interest to you. We may also provide information to vendors, consultants, marketing partners, research firms, and other service providers or business partners of PANACHE. This may include, for example:
  • Payment processors and facilitators.
  • Cloud storage providers.
  • Marketing partners and marketing platform providers.
  • Data analytics providers.
  • Research partners, including those performing surveys or research projects in partnership with PANACHE or on PANACHE’s behalf.
  • Vendors that assist PANACHE to enhance the safety and security of its Services.
  • Consultants, lawyers, accountants and other professional service providers.

PANACHE may employ third party contractors to collect personal information on our behalf to provide email delivery, product, or promotional fulfillment, contest administration, credit card processing, shipping or other services on our sites or products. When requesting these services, you may be asked to supply your name, mailing address, telephone number and email address to our contractors. We ask some third-party contractors, such as credit agencies or market research firms, to supplement personal information that you provide to us for our own marketing and demographic studies, so that we can consistently improve our sites and to better meet our visitors’ needs and preferences.

When our third-party contractors collect and/or have access to the personal information you provide to PANACHE, PANACHE requires that they adhere to our stated privacy policies and protect the confidentiality of personal information they collect or have access to in the course of their engagement by PANACHE. These third parties are prohibited from using your personal information for any other purpose without your specific consent.

• As Required by Law: We may also disclose personal information to law enforcement, or the appropriate civil authorities to enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, or when we believe that disclosure is necessary to protect PANACHE’s property, interests, rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on PANACHE.

1. Where Is The Information Held?

PANACHE utilizes data storage facilities located in Canada and the United States.

1. How Does PANACHE Protect Your Personal Information?

We take great care in trying to maintain the security of personal information we have collected. We use cloud services to protect the confidentiality of personal information and to safeguard personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, in light of, among other things, the sensitivity of the information and the purposes for which it is to be used. Furthermore, each and every PANACHE employee, mandatary or agent must abide by the Privacy Policy. Although we do not take responsibility for any theft, misuse, unauthorized disclosure, loss, alteration or destruction of data, we take reasonable precautions to prevent such occurrences. Though the security of your personal information is important to us, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially reasonable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions, please contact us at info@panachedigitalgames.com.

1. Public Information Including User Generated Content, Online Forums, Blogs And Profiles

You may choose to disclose information about yourself in the course of contributing user generated content to PANACHE sites, or games, or in public online chat rooms, blogs, message boards, user “profiles” for public view or in similar forums on our sites. Information that you disclose in any of these forums is public information, and there is no expectation of privacy or confidentiality there.

You should be aware that any personally identifiable information you submit in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.

If you post a video, image or photo on one of our sites for public view you should be aware that these may be viewed, collected, copied and/or used by other users without your consent. We are not responsible for the videos, images or photos that you choose to submit to PANACHE’s sites.

In addition, during the course of a PANACHE game, you may be asked to submit user generated content such as photographs, audio recordings or videos. If you submit such content to the game, you allow PANACHE the rights to use this content in their game, and for marketing purposes, either in its original, or an altered, state without any compensation to you.

VII. HOW DO YOU EXERCISE YOUR CHOICES ABOUT THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION?

We would like your consent to collect, use and share your personal information for the purposes and in the manner described herein, including in order to contact you and provide you with promotional communications. Nonetheless, we want you to know that you have choices and can refuse or withdraw your consent as described below.

You have the choice simply not to submit any personal information to us, however this may limit our ability to serve you as it may prevent you from using or restrict your use of the Services. You may also choose only to submit information constituting required fields. In addition, you may choose to limit how we use your personal information by not allowing us to share such information with third parties by e mailing us at the contact link below. This may also prevent or restrict your use of the Services.

In the event that you have already consented to the collection, use and/or disclosure of your personal information, you may subsequently “opt out” at any time, subject to legal or contractual restrictions and reasonable notice, by contacting our Privacy Policy Administrator as described in the section entitled “Contact Information” below, or by following the “opt out” instructions provided in the promotional materials sent to you. Our Privacy Policy Administrator will also be able to provide you with more information regarding the implications of withdrawing consent.

In respect of requests not to receive promotional communications from us, please be sure to include your full name, address, telephone number and any e mail address you used when you signed up on PANACHE’s website or otherwise communicated with us. It may take up to twenty (20) business days to process your request, during which period you may continue to receive communications from PANACHE. If you prefer not to receive promotional information from PANACHE, please follow the unsubscribe instructions set out in the Privacy Policy or in the respective privacy policies and/or communications of PANACHE’s affiliates.

VIII. HOW CAN YOU ACCESS OR CHANGE YOUR PERSONAL INFORMATION OR MAKE INQUIRIES OR COMPLAINTS IN RELATION TO THE POLICY AND PANACHE’S PRIVACY PRACTICES?

You are entitled to request access to, and, if necessary, correct your personal information collected by us. In order to make such a request, please contact our Privacy Policy Administrator in writing (see “Contact Information” below).

PANACHE WILL USE ITS COMMERCIALLY REASONABLE EFFORTS TO REMOVE ANY OF YOUR PERSONAL INFORMATION FROM OUR DATABASE WITHIN A REASONABLE PERIOD OF TIME PURSUANT TO A WRITTEN REQUEST FROM YOU. IN THE EVENT SUCH REQUEST IS SENT BY EMAIL, PLEASE IDENTIFY YOUR FULL NAME AND PLEASE TYPE “REMOVE PERSONAL INFORMATION” IN THE SUBJECT LINE OF YOUR EMAIL.

You can also contact our Privacy Policy Administrator for any questions about or to make any complaint in relation to the Privacy Policy, as well as to PANACHE’s privacy practices in general (see the “Contact Information” section below).

1. HOW LONG IS YOUR PERSONAL INFORMATION RETAINED?

We will keep your personal information only as long as is reasonably necessary for the purposes described in the Privacy Policy or such longer period as may be required by applicable law.

1. Third Party Sites.

Our website may contain advertising or services which link to other websites that are not operated by PANACHE. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. If you click on a link to a third party site, including on an advertisement, you will leave the PANACHE site you are visiting and go to the site you selected. THIS PRIVACY POLICY DOES NOT APPLY TO THE PRACTICES OF THIRD PARTIES AND PANACHE DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD PARTY PRACTICES OR FOR THE PRIVACY PRACTICES OF THE WEBSITES THAT IT DOES NOT OPERATE. BY USING PANACHE’S SERVICES AND/OR ACCESSING A THIRD PARTY’S WEBSITE FROM PANACHE’S WEBSITES, YOU RELEASE PANACHE OF ANY RESPONSIBILITY FOR THE ACTIONS, PRACTICES AND OMISSIONS OF THIRD PARTIES. BY CLICKING ON ANY HYPERLINKS TO OTHER WEBSITES FROM PANACHE’S WEBSITES, YOU MAY AUTOMATICALLY SUBMIT TO THE PRIVACY PRACTICES OF THOSE WEBSITES. PLEASE CHECK THE PRIVACY POLICIES OF THESE THIRD PARTY WEBSITES. IN NO EVENT SHALL PANACHE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR INJURY WHATSOEVER (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE MISUSE OF PERSONAL INFORMATION BY THOSE WEBSITES. We encourage you to review the privacy policies of any other service provider from whom you request services. If you visit a third party website that is linked to a PANACHE site, you should consult that site’s privacy policy before providing any personal information.

1. Contact Information

PANACHE has appointed Jean-Francois Boivin as our Privacy Policy Administrator. The Privacy Policy Administrator is accountable for PANACHE’s compliance with the principles of applicable privacy legislation and this Privacy Policy. If you have questions or concerns regarding our privacy policies and practices or if you wish to request access to, or correction of, your personal information under PANACHE’s care and control, you should contact the Privacy Policy Administrator by email at info@panachedigitalgames.com.