Privacy Commitment

Last updated: January 2014

FreshGames, LLC respects the privacy rights of our customers and visitors and recognize the importance of protecting the information collected about you. We have initiated a corporate Privacy Policy that discloses how we collect, store and use the information you provide.

All FreshGames, LLC Services are governed by this Privacy Policy and by using or accessing a Service You give consent to the processing, use and disclosure of your data. Please do not install or use the Services if you do not agree to this Privacy Policy. FreshGames, LLC reserves the right to modify this Privacy Policy. Your continued use of Services will signify your acceptance of the changes to this Privacy Policy.

FreshGames, LLC Privacy Policy

FreshGames.com including its affiliates, collects, stores, and uses your personal information as a data controller in connection with FreshGames, LLC’s products, mobile applications, services and websites (together “Services”) according to this privacy policy (“Privacy Policy”). For information about our privacy practices related to data from children, please see “Special Notice Regarding Minors” below.>

1. How We Collect Your Data

Likely situations when you make personal data available to FreshGames, LLC include, but are not limited to:

  1. Using FreshGames, LLC’s mobile apps or visiting our websites
  2. Registration for Services, contests and special events
  3. Accessing Services using a third party ID, such as social networking sites or gaming services
  4. Subscribing to newsletters
  5. Purchasing a product or services through FreshGames, LLC’s online stores or within the app (or "in-app purchase")
  6. Using “tell a friend,” "email this page," or other similar features
  7. Registration for game technical service and support

Otherwise through use of FreshGames, LLC Services where personal data is required for use and/or participation. FreshGames, LLC may supplement your data with data received from third parties in connection with demographic, advertisement, market and other analytics surveys or services.

2. Ad Serving Technology

FreshGames, LLC reserves the right to use and disclose the collected, non-personal data for purposes of advertising by FreshGames, LLC or FreshGames, LLC’s partners and contractors.

FreshGames, LLC may employ third party ad serving technologies that use certain methods to collect information as a result of ad serving through Services. FreshGames, LLC or third parties operating the ad serving technology may use demographic and geo-location information (for more information regarding use of Location Data see below Section 3) as well as information logged from your hardware or device to ensure that relevant advertising is presented within the Service. FreshGames, LLC or third parties may collect and use data, for such purposes, including but not limited to, data such as IP address, Device ID, MAC address, installed software, application usage data, hardware type, Operating System information, browser information, unique identifiers in browser cookies, Flash cookies, and HTML5 local storage, Internet and on-line usage information and in-game information.

The foregoing data may be used and disclosed in accordance with this Privacy Policy and the privacy policy of the company providing the ad serving technology. FreshGames, LLC may display to you behaviorally targeted advertising. If you want to be certain that no behaviorally targeted advertisements are displayed to you, please do not use or access the Services.

Some services may include the use of in-game advertisements or brand placement. Such ads or sponsorships will be noted as such within the games.

Additionally please note that if you “opt out” it does not mean that you will no longer receive advertising. It just means that the advertising you see displayed will not be customized to you and your interests and may be less relevant to you.

3. Location Data

To the extent FreshGames, LLC makes location enabled Services available and you use such Services, FreshGames, LLC may collect and process your location data to provide location related Services and advertisements. For example, some add-ons or offers may be available at dedicated locations.

FreshGames, LLC may use (1) coarse, network-based geo-location data based on proximity of network towers or the location of WiFi networks, (2) fine geo-location data based on coordinates obtained from a mobile device’s GPS radio, or (3) IP-based location based on the IP address presented by the end-user. Your fine, GPS-based geo-location is not accessed without your consent. Notwithstanding FreshGames, LLC’s partners who are providing location related parts of the Service, FreshGames, LLC will not share your GPS geo-location with third parties without your consent. To the extent FreshGames, LLC makes available GPS geo-location to third parties in accordance with this Privacy Policy, it will be provided anonymously.

4. Analytics

FreshGames, LLC uses your information to perform its own analytics and to enable analytics provided by third parties. We use analytical information for supporting business analysis and operations, business intelligence, product development, improving products and services, personalizing content, providing advertising, and making recommendations. FreshGames, LLC may also use third-parties, such as a Flurry in order to develop and analyze use of the Services. For more information about Flurry and its services please see http://www.flurry.com/.

5. Friends

If you choose to use FreshGames, LLC’s "tell a friend" or a similar service about FreshGames, LLC Services or order a gift certificate for your friend, FreshGames, LLC may store your friend's name and contact details that you provide to FreshGames, LLC.

Please note that certain features of the Services may be able to connect to your social networking sites to obtain additional information about you. In such cases, FreshGames, LLC may be able to collect certain information from your social networking profile when your social networking site permits it, and when you consent to allow your social networking site to make that information available to FreshGames, LLC. This information may include, but is not limited to, your name, profile picture, gender, user ID, email address, your country, your language, your time zone, the organizations and links on your profile page, the names and profile pictures of your social networking site “friends” and other information you have included in your social networking site profile. FreshGames, LLC may associate and/or combine as well as use information collected by FreshGames, LLC and/or obtained through such social networking sites.

6. Disclosure and Transfer of Personal Data

Personal data may be disclosed to third parties in accordance with applicable legislation and this Privacy Policy.

FreshGames, LLC may use third parties to collect and process personal data on FreshGames, LLC’s behalf and in according to FreshGames, LLC’s instructions. FreshGames, LLC is not liable for the acts and omissions of these third parties, except as provided by mandatory law.

FreshGames, LLC may also disclose your personal data to third parties when FreshGames, LLC has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with FreshGames, LLC’s rights, property, operations, users or others who may be harmed or may suffer loss or damage, or FreshGames, LLC believes that such disclosure is necessary to protect FreshGames, LLC’s rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on FreshGames, LLC. To the extent permitted by applicable law, FreshGames, LLC will make reasonable efforts to notify you of such disclosure through FreshGames, LLC’s website or in another reasonable manner.

7. Data Retention and Correctness

FreshGames, LLC retains the collected data for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Thereafter FreshGames, LLC deletes all aforementioned data in its possession within a reasonable timeframe. FreshGames, LLC does not verify the correctness of personal data.

Please note that some data may be further retained if necessary to resolve disputes, enforce FreshGames, LLC user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of Services.

8. Cookies, beacons and tracking

The Services may use “cookies” and other technologies such as pixel tags, local shared objects, hardware-based device identifiers, Operating System-based identifiers, clear GIFs and web beacons. FreshGames, LLC treats information collected by cookies and similar technologies as non-personal data.

Cookies: A “cookie” is a small file stored by your browser when told to do so by a website. Typically websites place a number of different cookies on an end-user’s machine. Some of the cookies are “1st Party,” from the website itself, and others are “3rd party,” belonging to advertising and analytics entities or social networks. FreshGames, LLC’s cookies do not include personal data and are typically used to quickly identify your device and to “remember” your browser during subsequent visits for purposes of functionality, preferences, and website performance. You can disable cookies or set your browser to alert you when cookies are being sent to your device; however, disabling cookies may affect your ability to use the Services.

Flash cookies & HTML5: FreshGames, LLC may also use Flash cookies (local shared objects) and HTML5 local storage. Flash cookies are small files similar to browser cookies, but which are not stored in the browser and can also be used to remember your settings, to personalize the look and feel of the Services, or for advertising and analytics. You may prevent Flash cookies from being stored by following the instructions provided by Adobe at http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html.

Web Beacons and pixel tags: A “web beacon” or a “pixel tag” is an electronic image (often not visible to the end-user) that allows FreshGames, LLC to count users who have visited certain pages or viewed certain advertisements. Additionally, e-mails and other electronic communications FreshGames, LLC sends to you may contain pixel tags that enable FreshGames, LLC to track your usage of the communication, including whether the communication was opened and/or what links were followed, if any.

9. Third Party Terms and Conditions

Please note that your access to and use of the Services may be subject to certain third party terms and conditions and FreshGames, LLC is not liable for any such third parties’ use of your personal data.

Certain Services that FreshGames, LLC may offer, such as multiplayer gaming, social networking and gaming console services, may use third party services to provide authentication for the Services with a gaming console ID, social networking ID, or gaming network account. In connection with such use, certain personally identifiable user and/or membership data may be transferred automatically to and from FreshGames, LLC.

FreshGames, LLC may disclose your personal data to third parties in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of FreshGames, LLC’s stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process provided, however, that this Privacy Policy shall continue to govern such personal data.

10. Safeguards

FreshGames, LLC follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity and privacy of the information in FreshGames, LLC’s possession.

11. Other

You may choose to disclose data about yourself in the course of contributing user generated content to the Services.

Any data that you disclose in any of these forums, blogs, chats or the like will become public information, and there is no expectation of privacy or confidentiality with respect to that data.

FreshGames, LLC may store and/or transfer your personal data to its affiliates and partners in and outside of EU/EEA member states and the United States in accordance with mandatory legislation and this Privacy Policy.

12. Special Notice Regarding Minors

FreshGames, LLC does not knowingly collect personal information from children under 13 years of age. If FreshGames, LLC learns that FreshGames, LLC has inadvertently gathered personal data from children under 13 years of age, FreshGames, LLC will take reasonable measures to promptly delete such personal data from FreshGames, LLC’s records.

FreshGames, LLC understands the need to provide extra privacy protections to users who are children under 13. To that end, features and services such as social networking plug-ins, behaviorally targeted advertising, and collection of data for the purpose of building user profiles are not available to users under 13.

FreshGames, LLC also does not allow our third party partners who engage in such practices to access personally identifiable data from users under 13. FreshGames, LLC and its partners do collect non-personally identifiable data from children. This includes, for example, collection of IP-based geolocation data to ensure that the product, service or features served comply with applicable laws of that nation.
FreshGames, LLC and its partners also collect data to assess general information about the use of products, such as the number of visitors to our sites and services and which sections of a site or service are popular. FreshGames, LLC also uses this data to provide contextually-relevant advertising to users, to prevent users from seeing the same ad repeatedly, and to allow users to personalize their experience on the site or service (for example, to save a high score in a game). FreshGames, LLC and its partners may also use cookies, pixels, hardware-based identifiers, Operating System-based identifiers, and software-set identifiers, to manage and measure the performance of advertising.

Please note that FreshGames, LLC’s partners may have their own policies related to tracking technologies for analytics and ad-serving purposes. While FreshGames, LLC requires that companies comply with FreshGames, LLC’s privacy policy before FreshGames, LLC allows those companies to access our sites and services, FreshGames, LLC does not actually control third-party data collection and use. FreshGames, LLC encourages parents to review the list of operators below and to become familiar with those parties policies and practices. In the future, should FreshGames, LLC incorporate features for which collection of personal information from children under the age of 13 is necessary, FreshGames, LLC will:



If you have additional questions about FreshGames, LLC’s general Privacy Practices or how it’s related to children under the age of 13, please contact us at privacyadmin@freshgames.com, or alternatively at FreshGames, LLC, 221 N.4th Street, Columbus, Ohio 43215