Privacy Statement

Last Updated: January 8th, 2014

Applicability

This Privacy Statement is applicable to all information gathered by or submitted to us through the aspyr.com websites (collectively referred to as the "Aspyr Sites" or "our Sites") listed here and operated by Aspyr Media, Inc. ("Aspyr", "we", "us") located at 1250 S. Capital of Texas Hwy, Building 1 Suite 650, Austin, TX 78746. Please review the complete list of the Aspyr Sites, as the list of websites subject to this Privacy Statement will be updated from time to time as we bring new websites online and remove others. Before submitting personal information to any website, you should always review the applicable privacy statement. This Privacy Statement applies only to information submitted and collected online through the Aspyr Sites and does not apply to information that may be collected by Aspyr offline, for example, if you call our support services. In addition, this Privacy Statement does not extend to websites maintained by our international affiliates or other companies or organizations to which the Aspyr Sites link. If you don't find your concern addressed here, feel free to contact us by e-mail at privacymaster@aspyr.com or phone 512-708-8100.

Acceptance of These Terms

This Privacy Statement is incorporated into and is subject to the Aspyr Terms of Use. If you do not agree to the terms of this Privacy Statement or the Terms of Use, please do not submit any personal information via the Aspyr Sites and do not use the Aspyr Sites or services. Your continued use of the Aspyr Sites, including after any modifications to this Privacy Statement will signify your acceptance of the then-current terms for information gathered after the date of the change. WHEN YOU USE THE ASPYR SITES OR SUBMIT INFORMATION TO US THROUGH OUR SITES OR CONTACT US VIA EMAIL, YOU IRREVOCABLY CONSENT TO THE TERMS OF USE AND THIS PRIVACY STATEMENT.

What Information, Including Personal Information, Do We Collect From You?

Personal information is information that identifies you personally and that may be used to contact you online or off-line. Aspyr only collects personal information from our online visitors that you have submitted to us voluntarily. When you visit our Sites and choose to take advantage of or participate in the features or services that we offer there, you may be asked to provide specific personal information so that we can complete the requested service or transaction or provide you access to further information or complete your enrollment in the service or promotion or contest that you requested. Examples of services or features for which we may ask you to provide personal information include (1) contests (registration or claiming a prize), (2) customer support or technical service requests, (3) registration for specific services, newsletters, or other publications of interest, (4) marketing surveys and e-mail campaigns, (5) registration for membership on our Sites, or (6) when you order products (such as the Aspyr GameAgentâ„¢ software utility) from us online. Requested information may include your first and last name, e-mail address, phone number, and home address. We may also request certain demographic data that does not, on its own, identify you personally, such as your date of birth or gender. We may also use your personal and/or demographic information to let you know of additional products and services about which you might be interested. We also may ask you for information about your interests so that both you and we can take advantage of the interactivity of the Internet.

In addition to personal information that you voluntarily submit to us, we also gather non-personal, passive technical information when you use our Sites. Our web servers automatically collect certain technical information every time a browser application access our Sites, including the IP address of the accessing computer, and the name and version of the web browser and operating system (this information is automatically sent by your browser application). The IP address tells us both the Internet Service Provider (ISP) and the general geographic area from which the computer is connecting. Aspyr may also track, by IP address, the date and time users access our Sites, how long the session lasts, what pages, files, videos, etc. users visited or viewed, and what website was last visited by the browser prior to visiting the Aspyr sites. This information is used internally by Aspyr to help provide a good web experience to our community, including proper formatting for our web pages. This information is also provided in the aggregate to third parties, including potential business partners and advertisers, to describe basic use patterns for the Site. We also use the information from the log files of our web servers to monitor the security of our website infrastructure, to log any errors that were encountered by users of our Sites, and to identify aggregate trends in use, such as the frequency of a file download, which pages of our Sites are most popular, etc. We may also cross-reference different categories of non-personal technical information, such as geographic location and frequency of page views, for example, for marketing purposes such as determining whether to translate certain pages into other languages.

When Do We Disclose Your Information to Other Parties?

Except as disclosed in this Privacy Statement, Aspyr does not use or disclose information about your individual visits to our Sites or your personal information that you may give us, such as your name, address, e-mail address or telephone number, to any outside companies. Aspyr does not sell any customer lists or e-mail addresses. Aspyr does not share personal information with third parties for marketing or advertising purposes without your consent. You will give this consent by "opting-in" to having your information shared with third parties when you register. These third parties may include our marketing partners, who may want specific information to better shape their marketing efforts. Additionally, we provide via our Sites the opportunity to be sent newsletters and information about promotional events, publications, and marketing events. Again, we will not send this information to you unless you "opt in" for these services and publications.

In addition, we may contract with certain trusted companies to act on our behalf by performing such functions as fulfilling orders, delivering packages, and providing customer service. In those cases, those entities are provided with only the information needed to perform the specific function and they may not use such information for other purposes.

Aspyr may also disclose your personal information if required to do so by law or in the good-faith belief that such action is necessary to conform to applicable law or comply with legal process served on Aspyr or our Sites. Aspyr also shares information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use or as otherwise allowed by law.

Aspyr does not share with, rent, transfer or sell to any nonaffiliated entities information such as your cover letter, salary history, requirements or resume, that you submit to Aspyr through our Sites in connection with a job application.

A Word About Cookies

Cookies are small data text files that are sent from a server to your computer during a browsing session. Cookies are typically stored on your computer's hard drive by your web browser and are used by websites to simulate a continuous connection to that site. Cookies, by themselves, do not necessarily let a web site know any personally identifying information about you, such as your real name, address, etc., unless you previously provided that information at the web site or have set your preferences in your browser to provide that information. Aspyr is not generally interested in any one individual and does not collect personally identifiable information about any one person using cookies. For example, we use cookies to store your age ('over 13', 'over 17', etc) so you do not have to provide your date of birth each time you move to a page with age-restricted content. Also, because we use several servers to support our website and help manage load, we use cookies to coordinate your visit between the servers. If you have disabled cookies in your browser, there is a good chance our Sites will not function correctly.

Children Under 13 or Minors Between 14 and 17 Years of Age

Aspyr does not knowingly collect any personally identifying information from children under 13 years of age. We do not knowingly allow children under 13 years of age to be listed in any member directories, to participate in online discussions or forums, or to receive direct marketing communications from Aspyr or other third parties. In addition, some content on our Sites relates to games that are rated mature and intended only to be viewed by adults 18 and older. It is possible that due to fraud or deception by others, Aspyr may unknowingly receive information pertaining to children under the age of 13. If Aspyr is notified of this, once we have verified the information, we will either obtain parental consent or delete the information from our servers, at our option in our sole discretion. PROVIDING FALSE INFORMATION VIA THE ASPYR SITES IS A VIOLATION OF THIS PRIVACY POLICY AND OUR TERMS OF USE. If you are a parent or guardian of a child under 13 years of age or of a minor between the ages of 14 and 17 and you have questions about the collection or use of your child's personal information, or if you otherwise would like to notify Aspyr that you believe we have received the personal information of a child under the age of 13, please feel free to contact us at privacymaster@aspyr.com or call us at 512-708-8100.

Links to Other Sites

When you are using the Aspyr Sites, you could be directed to other websites that are beyond our control that are operated by third parties. For example, if you "click" on a banner advertisement, the "click" takes you off the Aspyr site to the third party site. We also provide multiple links for the purchase of games and related products, and to participate in contests or promotions that might be of interest to you. These links include links from advertisers, sponsors and partners that may use the Aspyr logo as part of a co-branding agreement. These other sites may send their own cookies to users, collect data or solicit personal information. Always be aware of where you end up by looking at the URL located in the browser window of your browser application. If the URL is not a domain or subdomain of the Aspyr Sites, then you have left the Aspyr Sites and are now interacting with another party's website. This Privacy Statement does not apply to websites other than the Aspyr Sites, even if you arrived at the other website from a link located on the Aspyr Sites.

Aspyr may display targeted advertisements based on demographic information. Advertisers (including ad serving companies) may assume that people who interact with, view or click on targeted ads meet the targeting criteria (for example, women ages 18-24 from a particular geographic area). By interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.

Participation in Public Online Discussion

In addition to directly providing information to Apsyr, you might also use our Sites to provide personal information to the general public through chat sessions, e-mail exchanges or message boards made available to you on our Sites. This Privacy Statement does not cover this type of transfer of your personal information. You should always be careful when distributing your personal information in this manner, and remember that online chat sessions and newsgroup use is considered public and you are legally responsible for your actions in these areas. Please keep in mind that whenever you publish personal information online - for example, via message boards or chat - that information can be collected and used by people you don't know. While we strive to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.

Security

Aspyr has reasonable security measures in place to protect against the loss, misuse and alteration of the information under our control. We use firewalls, SSL encryption, and other current technologies to detect and deter potential threats to the security of our servers and the information stored there.

Changes

Aspyr will occasionally update this Privacy Statement at our sole discretion. Please check the Aspyr Sites frequently to see recent changes. Such changes and/or modifications shall become effective immediately upon posting thereof. Without limiting the foregoing, Aspyr may occasionally notify you by email about changes to our Sites or provide notices of changes by displaying notices or links to notices to you generally on our Sites. Your continued use of the Aspyr Sites constitutes your agreement to this Privacy Statement and all of the terms and conditions set forth herein.

Correcting and Updating Information

Aspyr also permits you to correct or update personally identifiable information that you have previously provided to us. To do so, send e-mail to: privacymaster@aspyr.com indicating the information that you wish to be corrected or updated.

Opt-Out Procedures

You always may opt-out of receiving future mailings. Our Sites provide you with the opportunity to opt-out of receiving communications from us and our partners at the point where we request information about you. To remove your personally identifiable information from our database, to not receive future communications or to no longer receive our service, send e-mail to privacymaster@aspyr.com with the word "remove" in the subject line.

Questions

Questions regarding this statement should be directed to privacymaster@aspyr.com.

Transfer of Information to the United States

The Aspyr Sites and all information submitted by users via the Aspyr Sites by online form or by email and all other non-personal information that we collect is stored and processed on equipment that is physically located in the United States. Although we care about your privacy and will adhere to this Privacy Statement, in general the protection of personal information in the United States may not be the same as that provided in other countries. When you use the Aspyr Sites, communicate with us via our Sites, or provide your personal information to us, you do so voluntarily in order to use and enjoy the services, features, and promotions that we offer through our Aspyr Sites, and by your own actions, you are causing the transfer of your information out of your home country to our servers located in the United States. When you communicate with us through our Sites, you agree that you have unambiguously consented to the transfer of your personal information to the United States.

For Users Located In Canada Only

Users' information is not currently sold or rented or used for purposes other than as described in this Privacy Statement. If we decide to sell, rent, or use your information for purposes not disclosed (and not in order to cooperate with local, provincial or national officials or otherwise to comply with applicable laws or to protect the rights and property of us or our users, sponsors, providers, or licensors), we will announce such plan and ask you to "opt in". If you wanted to share your personal information, you would have to respond. In the absence of such a response, your information would not be shared with anyone other than us.