Koolhaus Games Inc. Privacy Policy

Effective: June 16, 2023

Last Updated: June 16, 2023

Koolhaus’ mission is to deliver fun, social entertainment experiences to individuals and connected individuals everywhere. In pursuit of our mission, we collect and use certain information from our players. Being transparent about our use of players’ information and respecting their privacy is incredibly important to Koolhaus.

This Privacy Policy applies when you use our Services (described below). Please read it before using Koolhaus' Services because it will tell you how we collect, store, use, disclose, and otherwise process, your personal information when providing these Services to you. This Privacy Policy is not, however, a contract and does not create any legal rights or obligations.

If you have questions, comments, or concerns regarding our Privacy Policy or practices, please Contact Us.

1.1 Introduction:

This Privacy Policy applies whenever you use our “Services,” which means our games, products, services, content, Koolhausgames.com, battlerally.com and/or other domains or websites operated by Koolhaus. It describes how we collect, store, use, disclose, and otherwise process your personal information when providing these Services to you, and your rights and choices concerning your information.

If you do not want Koolhaus to collect, store, use, or share your information in the ways described in this Privacy Policy, you may not play Koolhaus’ games or use Koolhaus' other Services.

1.2 Information We Collect and How We Collect It:

Information About You That You Share With Us Directly

When you use our Services, you may give us information directly (like when you’re setting up your account), and we’ll store that information on our systems and use it for the purposes described in this Privacy Policy.

Some games or parts of our Services may use a more traditional registration or account set-up process where you may be asked to give us information like:

·       your first and last name;

·       your username;

·       your gender;

·       your age or birthday;

·       your e-mail address;

·       a password; and/or

·       other information that helps us to identify you or helps us to provide or improve our services.

We may also let you create a player profile that other Koolhaus players can see. Your player profile may include information like:

·       your profile photo;

·       your first and last name;

·       your game username;

·       your gender;

·       your biographic details (like your age or age range);

·       the approximate physical location information that you provide;

·       links to your profiles on various social networks;

·       details about the games you play; and/or

·       a Koolhaus player ID that is created by Koolhaus and used to identify your game account (on battlerally.com, your Koolhaus player ID will appear in the URL of your profile page).

If you give us your mobile telephone number (including for SMS text messaging services), we will also collect and store that number.

Information About Your Contacts:

We may give you the ability to import your address book contacts or to manually enter them so that you can locate your contacts using Koolhaus Services and invite them to join you in our games or other aspects of our Services. You are responsible for ensuring your collection and sharing with us of your contacts’ information is compliant with applicable laws; this may require you to get your contacts’ permission before you give their contact details to us. We may also get information about you from other Koolhaus users importing or entering their contacts. We use and may store this contact information to help you and your contacts connect through our Services. If you want to remove your contacts stored by us, follow any instructions provided in the Service to request that we remove them from our systems or Contact Us.

If you need to enter a password to allow us to access your address book, we will not store that

password.

Information You Generate Using Our Services:

When you use our Services, we’ll collect information about the ways in which you use and interact with our Services, such as when and for how long you play our games, game features and other players you interact  with, purchases you make, progress or levels you achieve and other gameplay activities.  

If you choose to use communication features in Koolhaus Services that allow you to communicate or share information with other players, then we’ll collect information on what is communicated or shared.

This includes:

·       your participation in player forums and message boards; your public posts or comments on other players’ profiles or gameboards;

·       your non-public messages or invitations to other players, made either directly on our websites or through in-game mechanisms;

·       your chats with other players (whether by instant message, live chat, or video); and/or

·       your posted photos, drawings, or other use r-generated content.

We may access in real-time, record, and/or store archives of these communications, comments, photos, drawings, and other user-generated content on Koolhaus’ servers to make use of them to protect the safety and well-being of our players; to protect Koolhaus’ rights and property in connection with our Services; to conduct research; to operate, improve, personalize, and optimize our Services and our players’ experiences, including through the use of analytics; and to manage and deliver advertising. Where required by law, we will seek your consent for this.

Payment Information:

If you purchase in-game virtual currency or items in a game you play our third-party payment processor will collect the billing and financial information it needs to process your charges. This may include your postal address, e-mail address, and financial information. Koolhaus' payment processors do not share your financial information, like credit card numbers, with Koolhaus, but they may share non-financial information with us related to your purchases, like your name, billing address, and the items purchased.

When you play Koolhaus’ games or access any of our other Services on connected third-party applications or platforms (like Facebook, Apple, Google, or Amazon), any purchases you make will be processed by that third-party application and subject to that third-party application’s terms of service and privacy policy. For these purchases, Koolhaus does not receive your financial information, but may receive non-financial information related to your purchases, like your name, approximate physical location, and the items purchased. The information Koolhaus receives depends on the Koolhaus game you’re playing and the third-party application. Koolhaus’ Terms of Service explain our policies and terms related to charges, billing, third-party credits, and virtual currencies. Please note that purchases of third-party credits or currencies are also subject to those parties’ terms of service and privacy policies.

Customer Support Correspondence:

When you ask for help from our Customer Support team, we will collect and store the contact information you give them (generally your name and e-mail address), information about your game play or activity on our Services, and your Koolhaus player and/or social network ID number. We will also store the communications you have with our Customer Service team and any additional information in those

communications in order to provide support and improve the Services.

Information About You That We Get From Connected Third-Party Applications, Including Social Networks:

If you play Koolhaus’ games or access any of our other Services on connected third-party applications or connect our Services to any third-party applications, including social networks like Facebook, Koolhaus  may receive certain information about you from the provider of the third-party application. The information we receive depends on the Koolhaus game you’re playing, the third-party application, your privacy settings, and, if applicable, your friends’ privacy settings on that third-party application.

For example, Koolhaus may collect and store some or all of the following information from the provider of the connected third-party application:

·       your first and last name;

·       your profile picture or its URL;

·       your user identification number (like your Facebook ID number), which may be

·       linked to publicly-available information like your name and profile photo;

·       your friends’ user ID numbers and other public data; the e-mail address you provided to that third-party application;

·       your approximate physical location and that of the devices you use to access our Services;

·       your gender;

·       your birthday, age, and/or age range;

·       information about your activities on or through the connected third-party application;

·       other publicly-available information on the third-party application; and/or

any other information that you or the provider of the third-party application share with Koolhaus.

If you access our Services from a third-party application or connect our Services to a third-party application, you should also read that third-party application’s terms of service and privacy policy.

If you are unclear about what information a third-party application is sharing with us, please go to the third-party application to find out more about their privacy practices.

Cookies and Other Automated Information Collection:

We use cookies and other similar technologies (e.g., beacons, pixel tags, clear gifs, and device identifiers) to recognize you and/or your device(s) on, off, and across different Services and devices. We also allow others to use cookies and similar technologies. You can control or opt out of the use of cookies and similar technologies that track your behavior on the sites of others for third-party advertising.

We, our service providers, and our business partners use these cookies and other similar technologies to collect and analyze certain kinds of technical information, including:

·       IP address;

·       the type of computer or mobile device you are using;

·       platform type (like Apple iOS or Android);

·       your operating system version;

·       your mobile device’s identifiers, like your MAC Address, Apple Identifier For Advertising (IDFA), and/or Android Advertising ID (AAID);

·       application performance and de-bugging information;

·       your browser type and language;

·       referring and exit pages, and URLs;

·       the number of clicks on an app feature or web page;

·       the amount of time spent on an app feature or web page;

·       domain names;

·       landing pages;

·       pages viewed and the order of those pages; and/or

·       game state and the date and time of activity on our Services.

In some cases, we will connect the above information with your social network ID or Koolhaus user ID.

If you play Koolhaus' games on a mobile device, in addition to your device identifiers (described above), we may also collect:

·       the name you have associated with your device;

·       your country;

·       your telephone number (if you provide it);

·       your specific geolocation (with your permission);

·       your mobile contacts (with your permission, as described further in Information About Your Contacts); and/or

·       information about the Koolhaus games and other third-party apps you have on your device.

If you want to adjust your privacy preferences on your device, please see How to Access, Update, and Manage Your Personal Information.

Other Sources:

We may collect or receive information about you from other sources like third-party information providers. We use this information along with information you provide us directly, for example, to help you and your friends connect or to serve you advertising more tailored to your interests.

1.3 How We Use Information We Collect and Our Legal Basis for Processing It:

We use your information under several legal basis, including to establish and perform our contract with you, for our legitimate interests, to comply with our legal obligations, to establish, use and protect Koolhaus ’s rights, or otherwise with your consent.

The main use of the information we collect and store is to provide you with the Services you request from us and to improve your gaming experience, but there are other uses as well. The uses for which we collect and store your information include:

·       to improve and optimize our Services and our players’ experiences;

·       to create your game accounts and allow you to play our games;

·       to identify and suggest connections with other Koolhaus players and personalize our Services to you;

·       to communicate with you about the Services you’re using, including in-game updates, new Services, and promotional offers that we think might be of interest to you;

·       to enable players to communicate with each other;

·       to provide technical support and respond to player inquiries;

·       to protect the safety and well-being of our players;

·       to protect Koolhaus’ rights and property in connection with our Services;

·       to prevent fraud or potentially illegal activities, and to enforce our Terms of Service;

·       to manage and deliver contextual and behavioral advertising;

·       to administer rewards, surveys, sweepstakes, contests, or other promotional

·       activities or events sponsored or managed by us or our business partners;

·       to comply with our legal obligations, resolve any disputes we may have with you or other players, and to enforce our agreements with third parties; and/or

·       to conduct research.

If you are located in the UK or European Countries (defined above in Section 1), our legal basis for collecting and using the information described above depends on what the information is and the context in which we collect it.

However, we’ll normally collect information from you only where we need it to perform our contract with you (i.e., our Terms of Service), where the processing is in our legitimate interests (provided that these aren’t overridden by your interests or rights), or if we otherwise have your consent.

In some cases, we may also have a legal obligation or need to collect information from you or may otherwise need the personal information to protect your vital interests or those of another person (for example, another player).

If we ask you to provide information to comply with a legal requirement or to perform a contract with you, this will normally be clear from the context in which we are asking you to provide your information (for example, when we ask you to provide a username to access our Services, this will be to create an account for you in accordance with our Terms of Service), and, if not, we will provide an explanation to you at the relevant time. We will also make clear whether providing information is mandatory.

Similarly, if we collect and use your information in reliance on legitimate interests (or those of any third party) which are not listed above, it will be made clear to you at the relevant time what those legitimate interests are (such as personalizing our services and marketing, for example).

If you have questions or need further information about the legal basis on which we collect and use your personal information, please Contact Us.

1.4 How We Share Information:

We may share your information, including personal information, with third parties or allow third parties to collect this information from our Services in the following circumstances:

Friends and Other Koolhaus Players:

Koolhaus ’s games and Services support and often encourage you to interact with other players. In most Koolhaus games, if you play through a social network or connect to a social network (for example, Facebook), your social network friends who also play a Koolhaus game will see your name, photo, player profile (which may include the information described above in Information About You That You Share With Us Directly), and descriptions of your in-game activity (including any Koolhaus games you have played).

In addition, in many Koolhaus games, other players, regardless of whether they are your social network friends, will be able to see your player profile (as described above); view descriptions of your in-game activity; communicate with you within our Services; and send you game requests or friend requests through our Services or the related social network. For example, in Battle Rally when you are playing in a level, all the other players in the same level can see your player profile and send you an in-game chat message.

Third-Party Advertising Including Behavioral Advertising and Analytics:

We use advertising to enable us to offer some of our games, game features, and other Services for "free".

These advertisements may include, without limitation, banner ads on game boards or Services themselves, as full-screen ads between moves or games, or through an “offer wall” in which third-party advertisers offer to provide virtual currency or other in-game items to players in exchange for watching an advertisement or for completing a task, such as signing up for an account with one of the advertisers, completing a survey, or finishing a particular game level. Offer walls are hosted by third-party offer wall providers, and the offers are made by third-party advertisers, not by Koolhaus.

We do not actively share personal information that directly identifies you with third-party advertisers for their direct marketing purposes unless you give us your consent.

To enable advertisers, ad networks, and offer wall providers to serve you with more relevant ads, they may collect, or we may collect and share with them, the following types of information when you use our Services:

·       performance data (like the number of clicks on an advertisement);

·       certain technical information (like IP address, non-persistent device identifier such as IDFA, and de-identified persistent device identifier such as a hashed Android ID);

·       a unique identifier, such as your social network ID or Koolhaus player ID; and/or other contextual data about your game play (like your level and session length).

In addition to serving you with relevant ads, the information collected may be used to:

·       measure how effective ads are;

·       offer you targeted advertising (both on and off our Services) in order to personalize your experience by showing you advertisements for products and services that are more likely to appeal to you (a practice known as interest-based advertising or behavioral advertising); and/or

·       undertake web analytics to analyze traffic and other player activity to improve your experience.

Advertisers or ad networks may collect this information through the use of cookies

and other similar tracking technologies, and they may use a single tracking technology or multiple tracking technologies at the same time.

Please note, after clicking on a third-party advertisement or offer, you may no longer be on a site or app controlled by Koolhaus or the social network through which you are playing Koolhaus’ games.

If you do not want to receive tailored in-application advertisements from third parties, please see How to Access, Update, and Manage Your Personal Information. Please note that the practices of third-party companies delivering advertisements on our Services are subject to those companies’ own privacy policies.

Safety, Security and Compliance with Law:

Your information, and the contents of all of your online communications in our Services and between you and Koolhaus may be accessed and monitored as needed to provide our Service and may be disclosed:

·       to satisfy any laws or regulations that apply; when we have a good faith belief that we have to

·       disclose the information in response to lawful requests by public authorities, including for national security, law enforcement, or legal process purposes (for example, a court order, search warrant, or subpoena);

·       when we believe in our sole discretion that our Services are being used in committing a crime, including to report such criminal activity or to share information with other companies and organizations for the purposes of fraud protection, credit risk reduction, and other security precautions;

·       when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person, or the public generally; and/or

·       to protect the rights or property of Koolhaus or applicable third parties, including to enforce our Terms of Service.

Third-Party Service Providers:

We will share your information with third-party companies who perform services on our behalf, like        

payment processing, analytics, analysis, hosting services, customer service, marketing, and advertising    

optimization. We will also share your information with our third-party business partners who assist us in  

delivering and optimizing our Services, such as our platform partners (Apple, Google, Facebook, Amazon, etc.). Where we share your information with third-party service providers and business partners, we ensure that we have appropriate agreements in place to protect your information (as required by

applicable data protection laws).

Sale or Merger:

In the event that Koolhaus undergoes or evaluates undergoing a business transition, like a merger, acquisition by another company, or sale of all or part of its assets (like selling a game), we may disclose or transfer all of your information, including personal information, to the successor organization in the transition. We will make reasonable efforts to let you and other players know (in the way described in Changes to Our Privacy Policy) of any such business transitions when they occur.

Other Third Parties:

In addition to the sharing described above, we may share your information with other third parties or allow them to collect your information from our Services in some ways not specifically described in this Privacy Policy if we have your consent to do so.

1.5 Your Rights and How to Access, Update, and Manage Your Personal Information:

UK and European Countries’ Users’ Rights: 

If you are located in the UK or European Countries (defined above in Section 1), you have the following data protection rights:    

You can access or request deletion of your personal information by submitting a request

through our customer support options outlined elsewhere.

You can correct or update your personal information, object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information.

You can opt-out of marketing communications we send you by following the instructions in “Opting Out of Promotional Communications from Koolhaus below.

If we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

To exercise your rights to access or deletion, please submit a request from our customer support team.

If you would like to exercise any of your other rights, you can contact us at customer support. We respond to all data protection requests we receive in accordance with applicable data protection laws.

If you are located in the Republic of Turkey, you have the rights listed under Article 11 of the 6698 No. Law on Protection of Personal Data. Contact Us for your queries and requests.

Accessing and Deleting Personal Information Held by Koolhaus:

To review and update personal information associated with your Koolhaus player profile in certain games, please use the Contact Us form on the Battle Rally website.

If you want to review or delete personal information associated with your game account data, please submit a request to our customer support options.  

For deletion requests, we will take reasonable measures to delete your personal information from our records. If you have sent content through or posted content on the Service, we may not be able to delete it. We will keep certain records (e.g., personal information relating to payments or customer service matters) where we need (and have rights) to, such as for legal or accounting purposes. We’ll also keep information in order to exercise, defend, or establish our rights.

Managing Personal Information We Receive From Third-Party Applications/Platforms And From Your Mobile Device:

To manage the information Koolhaus receives about you from a third-party application or platform where you play our games, like Facebook, Apple, Google, or Amazon, you will need to follow the third-party application’s instructions for updating your information and changing your privacy settings.

You also can manage many aspects of information collection and use from your mobile device by visiting the “settings” page of your mobile device or web browser and reviewing the access permissions of each Koolhaus game/application.

To the extent that one of our games is collecting information about non-Koolhaus applications you have on your mobile device, you may stop making that information available to us by using the Contact Us form on the Battle Rally website.

Once Koolhaus receives your information from a third-party application/platform or your mobile device, that information is stored and used by Koolhaus in accordance with this Privacy Policy. You may access and update that information as described above.

Opting Out of Promotional Communications from Koolhaus:

If you want to stop receiving promotional e-mails from Koolhaus, click on the “unsubscribe” link at the bottom of any promotional email from Koolhaus or visit our Email Settings page.

Your unsubscribe request or e-mail preferences change will be processed promptly, and in no event         

longer than ten business days. During that processing period, you may receive additional promotional emails from us.      

If you want to stop receiving push notifications, which are messages an app sends you on your mobile device even when the app is not on, you can turn off push notifications by visiting your mobile device’s “settings” page. Many of our games also offer the ability to turn off push notifications in the in-game “settings” page.

You can opt out of receiving SMS text messages by texting back STOP to the number we send the text from for that particular SMS text messaging program or by Contacting Us. When we receive an opt-out message from you for SMS text messages, we may send a text message confirming receipt.

Please note that if you opt out of receiving promotional communications from us, we may still communicate with you from time to time if we need to provide you with information about the Services you are using from us, if we need to request information from you with respect to a transaction initiated by you, or for other legitimate non-marketing reasons, for example, if we are required under applicable laws to notify you of updates to this Privacy Policy or our Terms of Service.

Opting Out of Third-Party Behavioral Advertising:

If you are interested in more information about behavioral advertising and your choices to prevent behavioral web and mobile web advertising from third parties, you may visit the following websites:

Network Advertising Initiative Consumer Opt-Out Page or the Digital Advertising Alliance Opt-Out Page for U.S.-based advertising; and Your Online Choices website for EU-based advertising.

If you do not want to receive behavioral in-application advertisements from third parties that relate to your interests on your mobile device, you may adjust the ad tracking settings on your device (such as turning on “Limit Ad Tracking”). You can also reset the “Advertising Identifier” (such as an IDFA) from your mobile device’s settings page, which will prevent continued use of existing behavioral data tied to your previous “Advertising Identifier.” Further, depending on the platform provider (such as Apple or Google), you may be able to download apps, such as the Digital Advertising Alliance’s “AppChoices” app, that offer to provide you with control regarding the collection and use of cross-app data for behavioral advertising.

All of the opt-out tools described in this subsection are provided by third parties, not by Koolhaus. Koolhaus does not control or operate these tools or the choices that advertisers and others provide through these tools.

Please note that you may still receive third-party advertisements in Koolhaus’ Services after using these opt-out tools, but the advertising you see may be less relevant to your interests.

1.6. California Notice:

If you are a California resident, you may be able to exercise additional rights granted by California law in relation to the Personal Information about you that we have collected (subject to certain limitations).  

1.7 Privacy Policies of Linked Third-Party Services and Advertisers:

Our websites and games may contain advertisements from “Third-Party Services,” meaning companies other than Koolhaus, that may link to their own websites, online services, or mobile applications. We are not responsible for the privacy practices or the content of these Third-Party Services. If you have any questions about how these Third-Party Services use your information, you should review their policies and contact them directly.

1.8 Our Policies Concerning Children:

Generally speaking, most of our Services are not intended for children under the age of 13 (or under 16 for children located in the UK or European Countries) (collectively, “Children”). Children are not permitted to use these Services, and we do not knowingly collect any personal information from Children.

Though our Services do not target Children as the primary audience, we may collect age information before allowing a user to proceed for certain Services. For users who identify themselves as Children in our age-gate on such Services, if we allow Children to use the Services, we will either provide a version of that Service that does not collect, use, or disclose “personal information” (as defined in the Children’s Online Privacy Protection Act (“COPPA”)), except as permitted by COPPA, or obtain legally valid parental consent.

If we learn that we have inadvertently gathered personal information that is not subject to a COPPA exception from a Child, we will take reasonable measures to promptly remove that information from our records.

1.9 International Operations and Transfers Out of the UK or European Countries:

As part of our international operations, we may transfer personal information to our “Affiliated Entities,” which are any other corporate entities under common ownership with Koolhaus Inc., or to our business partners and service providers from time to time for our legitimate business purposes.

We store personal information about players and visitors to our sites on servers located in the United States, and we may also process this information in other countries where our Affiliated Entities, business partners and service providers have their operations. Personal information collected in the UK or European Countries may be transferred to, and stored at, a destination outside of the UK or European Countries (as applicable) for purposes such as: (i) the processing of transactions and your payment details, or (ii) the provision of support services. When we transfer your personal information internationally, we will take reasonable steps to ensure that your personal information is treated securely, lawfully, and in the manner we describe here. This may include implementing the European Commission’s Standard Contractual Clauses for transfers of personal information between our Affiliated Entities, business partners and service providers (where applicable) to protect personal information they process from the UK and the European Countries, or any other lawful solution that permits the lawful transfer of personal information from those countries. Please note that laws vary from jurisdiction to jurisdiction, so the privacy laws applicable to the places where your information is transferred to or stored, used, or processed in, may be different from the privacy laws applicable to the place where you are resident.

1.10 How Long We Keep Your Information:

How long we retain your personal information depends on why we collected it and how we use it, but we will not retain your personal information for longer than is necessary for our business purposes or for legal requirements.

We will retain personal information about you and connected with your account and/or the Services you use from us for as long as you have an active account with us. We will take reasonable measures to delete this personal information if you delete your account. However, you acknowledge that we may retain some information after you have closed, or we have deleted, your account with us where necessary to enable us to meet our legal obligations or to exercise, defend, or establish our rights.

1.11 Security of Your Information:

We implement reasonable and appropriate security measures to help protect the security of your information both online and offline and to ensure that your data is treated securely and in accordance with this Privacy Policy. These measures vary based upon the sensitivity of your information.

If you have an account registered directly with Koolhaus, your profile information is protected by the password you use to access your Koolhaus account. It is important that you protect and maintain your Koolhaus account’s security and that you immediately tell us of any unauthorized use of your account. If you forget the password to your Koolhaus account, the Services allow you to request that instructions be sent to you that explain how to reset your password. If you access our Services through a social network and your social network account is hacked or otherwise compromised, this may lead to someone accessing or deleting your Koolhaus game accounts without your permission. So, be careful to keep your social network account information, including your social network account password, secure as well. We urge you to log out of your Koolhaus account and any social network account you have used to access our Services when you are finished using them.

When you sign into your Koolhaus account or enter payment information, we and our third-party payment processor use encryption to transmit that information.

While we take precautions against possible security breaches of our Services and our customer databases and records, no website or Internet transmission is completely secure. We cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur, and we cannot guarantee the security of your information while it is being transmitted to our Service. Any transmission is at your own risk. If you have questions about the security of our websites, please Contact Us.

1.12 Changes to Our Privacy Policy:

We may update our Privacy Policy from time to time. When we do, we will revise the “last updated” date at the top of the policy. If we make changes that we deem material, we will use reasonable efforts to notify (such as by placing a notice in game or on www.battlerally.com, or by sending you a notice to the email address we have on file for you). We encourage you to periodically check www.battlerally.com and this Privacy Policy for updates.

1.13. Contact Us:

If you have any questions, comments, or concerns regarding our Privacy Policy and/or privacy practices, or other matters please send an e-mail to support@koolhausgames.com or by physical mail to Koolhaus Games Inc., P.O. Box 5087 VMPO, Vancouver, B.C. Canada V6B 4A9 attn: support.