Privacy Policy
Last updated: February 08, 2020
This Privacy Policy describes Our policies and procedures on the collection,
use and disclosure of Your information when You use the Service and tells You
about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the
Service, You agree to the collection and use of information in accordance with
this Privacy Policy.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined
under the following conditions.
The following definitions shall have the same meaning regardless of whether
they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
- You means the individual accessing or using the Service, or the company,
or other legal entity on behalf of which such individual is accessing or
using the Service, as applicable. Under GDPR (General Data Protection Regulation), You can be referred to as
the Data Subject or as the User as you are the individual using the
Service. - Company (referred to as either “the Company”, “We”, “Us” or “Our” in this
Agreement) refers to Peak Rainbow, East Hanover, NJ 07936. For the purpose of the GDPR, the Company is the Data Controller. - Application means the software program provided by the Company downloaded
by You on any electronic device, named Fun Poker Math - Affiliate means an entity that controls, is controlled by or is under
common control with a party, where “control” means ownership of 50% or
more of the shares, equity interest or other securities entitled to vote
for election of directors or other managing authority. - Account means a unique account created for You to access our Service or
parts of our Service. - Service refers to the Application.
- Country refers to: New Jersey, United States
- Service Provider means any natural or legal person who processes the data
on behalf of the Company. It refers to third-party companies or
individuals employed by the Company to facilitate the Service, to provide
the Service on behalf of the Company, to perform services related to the
Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data
Processors. - Third-party Social Media Service refers to any website or any social
network website through which a User can log in or create an account to
use the Service. - Personal Data is any information that relates to an identified or
identifiable individual. For the purposes for GDPR, Personal Data means any information relating to
You such as a name, an identification number, location data, online
identifier or to one or more factors specific to the physical,
physiological, genetic, mental, economic, cultural or social identity. For the purposes of the CCPA, Personal Data means any information that
identifies, relates to, describes or is capable of being associated with,
or could reasonably be linked, directly or indirectly, with You. - Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet. - Usage Data refers to data collected automatically, either generated by the
use of the Service or from the Service infrastructure itself (for example,
the duration of a page visit). - Data Controller, for the purposes of the GDPR (General Data Protection
Regulation), refers to the Company as the legal person which alone or
jointly with others determines the purposes and means of the processing of
Personal Data. - Do Not Track (DNT) is a concept that has been promoted by US regulatory
authorities, in particular the U.S. Federal Trade Commission (FTC), for
the Internet industry to develop and implement a mechanism for allowing
internet users to control the tracking of their online activities across
websites. - Business, for the purpose of the CCPA (California Consumer Privacy Act),
refers to the Company as the legal entity that collects Consumers’
personal information and determines the purposes and means of the
processing of Consumers’ personal information, or on behalf of which such
information is collected and that alone, or jointly with others,
determines the purposes and means of the processing of consumers’ personal
information, that does business in the State of California. - Consumer, for the purpose of the CCPA (California Consumer Privacy Act),
means a natural person who is a California resident. A resident, as
defined in the law, includes (1) every individual who is in the USA for
other than a temporary or transitory purpose, and (2) every individual who
is domiciled in the USA who is outside the USA for a temporary or
transitory purpose. - Sale, for the purpose of the CCPA (California Consumer Privacy Act), means
selling, renting, releasing, disclosing, disseminating, making available,
transferring, or otherwise communicating orally, in writing, or by
electronic or other means, a Consumer’s Personal information to another
business or a third party for monetary or other valuable consideration.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally
identifiable information that can be used to contact or identify You.
Personally identifiable information may include, but is not limited to:
* Email address
* Usage Data
Usage Data
~~~~~~~~~~
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol
address (e.g. IP address), browser type, browser version, the pages of our
Service that You visit, the time and date of Your visit, the time spent on
those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect
certain information automatically, including, but not limited to, the type of
mobile device You use, Your mobile device unique ID, the IP address of Your
mobile device, Your mobile operating system, the type of mobile Internet
browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our
Service or when You access the Service by or through a mobile device.
Information Collected while Using the Application
~~~~~~~~
While using Our Application, in order to provide features of Our Application,
We may collect, with your prior permission:
We use this information to provide features of Our Service, to improve and
customize Our Service. The information may be uploaded to the Company’s
servers and/or a Service Provider’s server or it be simply stored on Your
device.
You can enable or disable access to this information at any time, through Your
Device settings. You can also enable or disable location services when You use
Our Service at any time, through Your Device settings.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our
Service. - To manage Your Account: to manage Your registration as a user of the
Service. The Personal Data You provide can give You access to different
functionalities of the Service that are available to You as a registered
user. - For the performance of a contract: the development, compliance and
undertaking of the purchase contract for the products, items or services
You have purchased or of any other contract with Us through the Service. - To contact You: To contact You by email, telephone calls, SMS, or other
equivalent forms of electronic communication, such as a mobile
application’s push notifications regarding updates or informative
communications related to the functionalities, products or contracted
services, including the security updates, when necessary or reasonable for
their implementation. - To provide You with news, special offers and general information about
other goods, services and events which we offer that are similar to those
that you have already purchased or enquired about unless You have opted
not to receive such information. - To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:
- With Service Providers: We may share Your personal information with
Service Providers to monitor and analyze the use of our Service, to show
advertisements to You to help support and maintain Our Service, to contact
You, to advertise on third party websites to You after You visited our
Service or for payment processing. - For Business transfers: We may share or transfer Your personal information
in connection with, or during negotiations of, any merger, sale of Company
assets, financing, or acquisition of all or a portion of our business to
another company. - With Affiliates: We may share Your information with Our affiliates, in
which case we will require those affiliates to honor this Privacy Policy.
Affiliates include Our parent company and any other subsidiaries, joint
venture partners or other companies that We control or that are under
common control with Us. - With Business partners: We may share Your information with Our business
partners to offer You certain products, services or promotions. - With other users: when You share personal information or otherwise
interact in the public areas with other users, such information may be
viewed by all users and may be publicly distributed outside. If You
interact with other users or register through a Third-Party Social Media
Service, Your contacts on the Third-Party Social Media Service may see You
name, profile, pictures and description of Your activity. Similarly, other
users will be able to view descriptions of Your activity, communicate with
You and view Your profile.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary
for the purposes set out in this Privacy Policy. We will retain and use Your
Personal Data to the extent necessary to comply with our legal obligations
(for example, if we are required to retain your data to comply with applicable
laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage
Data is generally retained for a shorter period of time, except when this data
is used to strengthen the security or to improve the functionality of Our
Service, or We are legally obligated to retain this data for longer time
periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s
operating offices and in any other places where the parties involved in the
processing are located. It means that this information may be transferred to —
and maintained on — computers located outside of Your state, province, country
or other governmental jurisdiction where the data protection laws may differ
than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such
information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data
is treated securely and in accordance with this Privacy Policy and no transfer
of Your Personal Data will take place to an organization or a country unless
there are adequate controls in place including the security of Your data and
other personal information.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your
Personal Data may be transferred. We will provide notice before Your Personal
Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
~~~~~~~~~~~~~~~
Under certain circumstances, the Company may be required to disclose Your
Personal Data if required to do so by law or in response to valid requests by
public authorities (e.g. a court or a government agency).
Other legal requirements
~~~
The Company may disclose Your Personal Data in the good faith belief that such
action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no
method of transmission over the Internet, or method of electronic storage is
100% secure. While We strive to use commercially acceptable means to protect
Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
Service Providers have access to Your Personal Data only to perform their
tasks on Our behalf and are obligated not to disclose or use it for any other
purpose.
Advertising
We may use Service providers to show advertisements to You to help support and
maintain Our Service.
- AdMob by Google
AdMob by Google is provided by Google Inc.
You can opt-out from the AdMob by Google service by following the
instructions described by Google:
https://support.google.com/ads/answer/2662922?hl=en For more information on how Google uses the collected information, please
visit the “How Google uses data when you use our partners’ sites or app”
page: https://policies.google.com/technologies/partner-sites or visit
the Privacy Policy of Google: https://policies.google.com/privacy
Payments
We may provide paid products and/or services within the Service. In that case,
we may use third-party services for payment processing (e.g. payment
processors).
We will not store or collect Your payment card details. That information is
provided directly to Our third-party payment processors whose use of Your
personal information is governed by their Privacy Policy. These payment
processors adhere to the standards set by PCI-DSS as managed by the PCI
Security Standards Council, which is a joint effort of brands like Visa,
Mastercard, American Express and Discover. PCI-DSS requirements help ensure
the secure handling of payment information.
- Apple Store In-App Payments Their Privacy Policy can be viewed at
- Google Play In-App Payments
Their Privacy Policy can be viewed at
https://www.google.com/policies/privacy/
GDPR Privacy
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
- Consent: You have given Your consent for processing Personal Data for one
or more specific purposes. - Performance of a contract: Provision of Personal Data is necessary for the
performance of an agreement with You and/or for any pre-contractual
obligations thereof. - Legal obligations: Processing Personal Data is necessary for compliance
with a legal obligation to which the Company is subject. - Vital interests: Processing Personal Data is necessary in order to protect
Your vital interests or of another natural person. - Public interests: Processing Personal Data is related to a task that is
carried out in the public interest or in the exercise of official
authority vested in the Company. - Legitimate interests: Processing Personal Data is necessary for the
purposes of the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal basis
that applies to the processing, and in particular whether the provision of
Personal Data is a statutory or contractual requirement, or a requirement
necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of Your Personal Data
and to guarantee You can exercise Your rights.
You have the right under this Privacy Policy, and by law if You are within the
EU, to:
- Request access to Your Personal Data. The right to access, update or
delete the information We have on You. Whenever made possible, you can
access, update or request deletion of Your Personal Data directly within
Your account settings section. If you are unable to perform these actions
yourself, please contact Us to assist You. This also enables You to
receive a copy of the Personal Data We hold about You. - Request correction of the Personal Data that We hold about You. You have
the right to to have any incomplete or inaccurate information We hold
about You corrected. - Object to processing of Your Personal Data. This right exists where We are
relying on a legitimate interest as the legal basis for Our processing and
there is something about Your particular situation, which makes You want
to object to our processing of Your Personal Data on this ground. You also
have the right to object where We are processing Your Personal Data for
direct marketing purposes. - Request erasure of Your Personal Data. You have the right to ask Us to
delete or remove Personal Data when there is no good reason for Us to
continue processing it. - Request the transfer of Your Personal Data. We will provide to You, or to
a third-party You have chosen, Your Personal Data in a structured,
commonly used, machine-readable format. Please note that this right only
applies to automated information which You initially provided consent for
Us to use or where We used the information to perform a contract with You. - Withdraw Your consent. You have the right to withdraw Your consent on
using your Personal Data. If You withdraw Your consent, We may not be able
to provide You with access to certain specific functionalities of the
Service.
Exercising of Your GDPR Data Protection Rights
You may exercise Your rights of access, rectification, cancellation and
opposition by contacting Us. Please note that we may ask You to verify Your
identity before responding to such requests. If You make a request, We will
try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Our
collection and use of Your Personal Data. For more information, if You are in
the European Economic Area (EEA), please contact Your local data protection
authority in the EEA.
CCPA Privacy
Your Rights under the CCPA
Under this Privacy Policy, and by law if You are a resident of California, You
have the following rights:
- The right to notice. You must be properly notified which categories of
Personal Data are being collected and the purposes for which the Personal
Data is being used. - The right to access / the right to request. The CCPA permits You to
request and obtain from the Company information regarding the disclosure
of Your Personal Data that has been collected in the past 12 months by the
Company or its subsidiaries to a third-party for the third party’s direct
marketing purposes. - The right to say no to the sale of Personal Data. You also have the right
to ask the Company not to sell Your Personal Data to third parties. You
can submit such a request by visiting our “Do Not Sell My Personal
Information” section or web page. - The right to know about Your Personal Data. You have the right to request
and obtain from the Company information regarding the disclosure of the
following:- The categories of Personal Data collected
- The sources from which the Personal Data was collected
- The business or commercial purpose for collecting or selling the
Personal Data - Categories of third parties with whom We share Personal Data
- The specific pieces of Personal Data we collected about You
- The right to delete Personal Data. You also have the right to request the
deletion of Your Personal Data that have been collected in the past 12
months. - The right not to be discriminated against. You have the right not to be
discriminated against for exercising any of Your Consumer’s rights,
including by:- Denying goods or services to You
- Charging different prices or rates for goods or services, including the
use of discounts or other benefits or imposing penalties - Providing a different level or quality of goods or services to You
- Suggesting that You will receive a different price or rate for goods or
services or a different level or quality of goods or services.
Exercising Your CCPA Data Protection Rights
In order to exercise any of Your rights under the CCPA, and if you are a
California resident, You can email or call us or visit our “Do Not Sell My
Personal Information” section or web page.
The Company will disclose and deliver the required information free of charge
within 45 days of receiving Your verifiable request. The time period to
provide the required information may be extended once by an additional 45 days
when reasonable necessary and with prior notice.
Do Not Sell My Personal Information
We do not sell personal information. However, the Service Providers we partner
with (for example, our advertising partners) may use technology on the Service
that “sells” personal information as defined by the CCPA law.
If you wish to opt out of the use of your personal information for interest-
based advertising purposes and these potential sales as defined under CCPA
law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser You use. You may need
to opt out on every browser that you use.
Website
You can opt out of receiving ads that are personalized as served by our
Service Providers by following our instructions presented on the Service:
* From Our "Cookie Consent" notice banner
* Or from Our "CCPA Opt-out" notice banner
* Or from Our "Do Not Sell My Personal Information" notice banner
* Or from Our "Do Not Sell My Personal Information" link
The opt out will place a cookie on Your computer that is unique to the browser
You use to opt out. If you change browsers or delete the cookies saved by your
browser, you will need to opt out again.
Mobile Devices
~~~
Your mobile device may give you the ability to opt out of the use of
information about the apps you use in order to serve you ads that are targeted
to your interests:
- “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on
Android devices - “Limit Ad Tracking” on iOS devices
You can also stop the collection of location information from Your mobile
device by changing the preferences on your mobile device.
“Do Not Track” Policy as Required by California Online Privacy Protection Act
(CalOPPA)
Our Service does not respond to Do Not Track signals.
However, some third party websites do keep track of Your browsing activities.
If You are visiting such websites, You can set Your preferences in Your web
browser to inform websites that You do not want to be tracked. You can enable
or disable DNT by visiting the preferences or settings page of Your web
browser.
Children’s Privacy
Our Service does not address anyone under the age of 13. We do not knowingly
collect personally identifiable information from anyone under the age of 13.
If You are a parent or guardian and You are aware that Your child has provided
Us with Personal Data, please contact Us. If We become aware that We have
collected Personal Data from anyone under the age of 13 without verification
of parental consent, We take steps to remove that information from Our
servers.
We also may limit how We collect, use, and store some of the information of
Users between 13 and 18 years old. In some cases, this means We will be unable
to provide certain functionality of the Service to these users.
If We need to rely on consent as a legal basis for processing Your information
and Your country requires consent from a parent, We may require Your parent’s
consent before We collect and use that information.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us.
If You click on a third party link, You will be directed to that third party’s
site. We strongly advise You to review the Privacy Policy of every site You
visit.
We have no control over and assume no responsibility for the content, privacy
policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update our Privacy Policy from time to time. We will notify You of any
changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior
to the change becoming effective and update the “Last updated” date at the top
of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes.
Changes to this Privacy Policy are effective when they are posted on this
page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
- By email: support@peakrainbow.com