MIND SYMPHONY PRIVACY POLICY

Updated: September 6, 2019

Introduction

Rogue Games, Inc. (“Rogue Games,” “we,” or “us”) respect your rights and our obligations regarding your privacy and personal information, and we provide this Privacy Policy (“Policy” or ” Privacy Policy”) to help you understand how we collect, use, share, store, and disclose information we obtain about you when you use our game, Super Impossible Road (the “Game”), through Apple Arcade. As used herein, the term “use” shall mean use, access, play, install, sign into, connect with, download, visit, or browse the Game.

THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ROGUE GAMES, INC., AND BY USING THE GAME, YOU AGREE TO THE TERMS OF THIS POLICY. You should review this Policy in conjunction with our Terms of Service available at https://www.rogueco.com/terms-of-service, and any other agreement provided by us that governs your use of the Game. You should not use the Game if you do not agree with this Policy, our Terms of Service and any other agreement that governs your use of the Game. Terms not otherwise defined herein shall the same meaning as any definition set forth in the Terms of Service.

You are contracting with Rogue Games, Inc., a Delaware corporation.

Table of Contents

  • Scope of this Policy 
  • Our Policy Concerning Children
  • Information We Collect
  • How We Use the Information We Collect
  • When and How We May Share/Disclose Your Information with Third Parties
  • How Do We Help Protect Your Information?
  • How Long Do We Keep Your Information?
  • Your Rights and Choices Regarding Your Information
  • How We Respond to Do Not Track Signals
  • International Operations
  • Modifications to this Policy
  • Contact Us

Scope of this Policy 

This Policy is applicable to Super Impossible Road, unless otherwise stated or unless we provide a link to a different policy, and it applies only to information that we collect through the Game. It does not apply to information that we may collect through other means. The Game may contain links to other websites that are owned or operated by third parties (referred to in our Terms of Service as “Linked Sites”). When you click on any link for a Linked Site and/or visit a Linked Site’s website, you should be aware that you are leaving Super Impossible Road, and this Policy does not apply to any such Linked Sites. Additionally, because this Game is accessible only through Apple Arcade, your use of the Game will be subject to Apple’s privacy policies and terms of service. We do not control and are not responsible for the terms of service, privacy policies and/or practices of any Linked Sites or Apple, and you should review the policies and agreements of such Linked Sites and/or Apple carefully.

Our Policy Concerning Children

We do not knowingly collect any personal information from such children under the age of 13. Children under the age of 13 should not use or attempt to use the Game or otherwise try to send any information about themselves to Rogue Games. Parents who believe that Rogue Games might have any information from or about a child under 13 may submit a request to [email protected] and request that the information be removed.

Information We Collect

Rogue Games may collect information from or about you when you download or use the Game. We will collect technical information about your computer or other device to support functionality of the Game. For example, if we don’t have information about your language settings, then we won’t know the language to present to you for the games that you play. If you do not want us to collect this information, then you must delete the Game from your wireless device and, if you have enabled saving information in iCloud, from iCloud. 

In order to participate in Apple’s Game Center, we will also collect (i) your Apple Game Center Team Player ID and (ii) usage statistics about your interaction with the Game, including your progress in the Game (e.g., scores). You can turn off tracking of this information—but if you do, then certain features of the Game won’t work. For example, you won’t be able to play against other live players or appear on leaderboards. For further instructions about turning off this type of tracking, go to the settings menu within the Game.

How We Use the Information We Collect

We use the information we collect about you for the following purposes: 

  • Providing, administering, and facilitating your use of the Game, including:
    • Online Real-time Multiplayer: Up to 4–8 players can connect and play real-time races against each other.  For this purpose, the players’ IP addresses and the Game Center game player ID are transmitted;
    • Leaderboards and Achievements: Players’ scores in Time Gate and Classic game modes are uploaded.  Players can compare their scores against other players.  For this purpose, the players’ Game Center IDs and scores are uploaded to Game Center;
    • Players can also earn Game Center achievements.  For this purpose, the players’ Game Center IDs and the ID of the achievement unlocked are uploaded to Game Center; and
    • Deleting your data after a period of inactivity (see details in the How Long Do We Keep Your Information section below);
  • Resolving problems with the Game, like handling or responding to customer support questions; 
  • Monitoring the technical functioning of the Game;
  • Analyzing trends and user traffic;
  • Trouble-shooting errors or issues with the Game; and 
  • When we, in our sole discretion, determine that we need to use your data to ensure the safety and/or integrity of our users, employees, third parties, members of the public, and/or the Game.

When and How We May Share/Disclose Your Information with Third Parties

We will not share data about you to third parties for those third parties’ own purposes. We will only share your information (including personal information) with the following third parties or under the circumstances described below.     

  • Apple; 
  • Third party service providers, contractors, or agents;
  • Business transfers, sales or mergers or divestitures; and 
  • Where we, in our sole discretion, have a good faith belief that disclosure is necessary for reasons relating to safety, security, cooperation with law enforcement, and compliance with legal obligations. 

How Do We Help Protect Your Information?

Rogue Games takes commercially reasonable security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, sensitive data that you share and we collect and store. These security measures may include practices such as keeping your sensitive data on a secured server behind a firewall and having physical security measures in place to guard against unauthorized access to systems where we store your information. 

Unfortunately, however, no security system can be 100% secured, and we cannot guarantee that communications between you and Rogue Games, the Game, or any information provided to us in connection with the information we collect through the Game will be free from unauthorized access by third parties. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. 

Any login credentials to your wireless device or Apple Arcade subscription, such as a username or password, are important security features. As such, it is your responsibility to protect such credentials. Do not share your password with any third parties. If your password has been compromised for any reason, you should change it immediately.

How Long Do We Keep Your Information?

We will retain your information for the period necessary to fulfill the purposes outlined in this Privacy Policy—for a maximum of 180 calendar days from your last use of the Game—unless a longer retention period is required by law. 

Please note that if you store information locally on your wireless device and/or in the iCloud then information may remain there. If you would like to delete your information from your wireless device or the iCloud, please follow the instructions provided by your wireless device provider or Apple.

Your Rights and Choices Regarding Your Information

As discussed above in the “Information We Collect” section, you can always choose not to provide certain information to us but you may not be able to use certain features of the Game. 

1. Deactivating Your Account

You may also request that we delete your Account by logging into the account you wish to be deleted, going to the in-Game ‘Help’ link, or clicking on the ‘Support’ link on rogueco.com. This will direct you to our Customer Support site where you can use the ‘Contact Us’ link to submit your request. Please indicate that you wish to delete your Account and provide your Apple Game Center Team Player ID. We will make commercially reasonable efforts to respond to your request within thirty (30) days. If you play multiple Rogue Games games we will require that you make a separate request for each game account.

2. Privacy Rights for California Residents

If you are a California resident and we have collected personal information (as defined in the California Consumer Privacy Act) about you, then, starting January 1, 2020, you may also request that we:

  • Provide you the categories of personal information we collect and disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share personal information. Such information is also set forth in this Policy.  
  • Provide access to and/or a copy of certain information we hold about you.
  • Delete certain information we have about you.

You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. 

If you would like further information regarding your legal rights under applicable law or would like to exercise any of them, please contact us as described in the “Contact Us” section below. We will consider all requests and respond within the time period stated by applicable law. Please note your rights and choices vary depending upon your location, and that we may request you provide us with information necessary to confirm your identity before responding to your request as required or permitted by applicable law. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Game to you or to comply with a legal obligation. And if you ask us to delete certain information, you may no longer be able to access or use the Game.  

3. Privacy Rights for Nevada Residents

Under a Nevada privacy law, certain Nevada residents may opt out of the “sale” (as defined in that law) of certain categories of information about them for monetary consideration to a person for that person to license or sell such information to additional persons.  As of the effective date of this Privacy Policy, we do not engage in such “sales” of information covered by that law.  However, if you are a qualifying Nevada resident, you may submit a request to opt out of future “sales” by us under that Nevada law by writing to us as described below.  We reserve the right take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.  

4. Information We Receive from Apple or Your Device

To manage the information Rogue Games receives about you from Apple or your device, please follow the instructions provided by the Apple or your device provider for updating your information and changing your privacy settings. Once Rogue Games receives your information from Apple or your device, that information is stored and used by Rogue Games in accordance with this Policy.

How We Respond to Do Not Track Signals

Because consumers are often unaware that their do-not-track beacons are active, do-not-track does not frequently reflect the actual preferences of our users. Accordingly, Rogue Games does not respond to the Do-Not-Track signal. If you would like to receive no promotional communication from Rogue Games, you are free to follow the procedure described in the previous section to unsubscribe.

International Operations

Rogue Games stores information about Game users on servers and equipment in various countries, including in countries with data protection and laws that may not be as strict as those in your country. By submitting your data and/or using the Game, you agree to the transfer, storing, and processing of your data worldwide.

Modifications to this Policy

From time to time, we may update this Privacy Policy to clarify our practices or to reflect new or different privacy practices, such as when we add new features, and Rogue Games reserves the right to modify and/or make changes to this Policy at any time. If we make any changes we will notify you in compliance with applicable law, such as by email notice sent to the email address specified in your account or by posting a notice within the Game. Other modifications will become effective on the day they are posted unless stated otherwise.

Any notifications regarding changes that have been posted within the Game may be removed after 30 days. If you have not accessed the Game within 30 days, please consult the top of this Privacy Policy to determine when this Privacy Policy was last revised, as there may be changes that have occurred since your last visit.

If you continue to access and/or use the Game after the effective date of any change, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Policy as changed. The revised Policy supersedes all previous privacy policies. For this reason, we encourage you to review this Policy any time you access or use the Game, and recommend that you print out a copy for your records. Upon our request, you agree to accept or sign a non-electronic version of this Policy and any other policies or agreements set forth or available on or through the Game.

Contact Us

Please feel free to contact us by submitting a request to [email protected] with any questions, concerns, or disputes you may have regarding our Privacy Policy and data processing practices. Please put “Privacy Policy” in the subject line so your message can be directed to the correct person(s). You may also contact us via postal mail at:

Rogue Games, Inc.

18757 Burbank Blvd.,

Suite 302

Tarzana, CA 91356