LAST UPDATED: 06/30/2015
Your continued use of the Sites after the time of such updates or notifications will indicate your agreement to these changes.
CHILDREN’S USE OF OUR SERVICES
Some of our services are available to children. We recognize the need to provide additional privacy protection for children on the Cupcake Sites permitting such visitors. Our privacy practices are guided by the United States’ Children’s Online Privacy Protection Act of 1998 and by other data privacy laws in the United States and other applicable countries. Younger visitors should always check with their parents or guardians before entering information on any website or mobile application and we encourage families to discuss their household guidelines regarding the online sharing of personal information.
Our Sites for children collect regional geolocation information in order to provide the appropriate service.
Parents can control push notifications from behind the parent gate within our Sites directed to children. Push notifications are local and relate to game play and content.
The Cupcake Digital family of companies do not behaviorally target advertising to children under the age of 13 on sites that are directed to children or where we have actual knowledge that a user is under the age of 13.
When visitors to Cupcake Sites that are directed to children under the age of 13 ask to receive our email newsletter(s), they will be asked to provide their first name, email address and the email address of their parent/guardian. We will send the child’s parent/guardian a notification email informing them of the child’s request to receive by email the newsletter on an ongoing basis and give the parent/guardian the option to have his or her child’s information removed from our newsletter database. At any time after receiving this notification email, the child’s parent/guardian may request that we stop sending the child the newsletter(s) by following the “unsubscribe” instructions found at the end of any of the newsletter emails.
Parents/guardians may at any time review any personally identifiable information collected online about their child as described below. When a child provides a parent’s/guardian’s email address when signing up for newsletter(s), that email address is used to send the notification email message and is subsequently deleted from our system.
Some Cupcake Sites offer co-branded services and features, such as events and promotions that we put together with another company (“Co-Branded Partner”). Such services may be hosted on a Site and/or our Co-Branded Partner’s website. We may request a parent email address to gain consent to share your information with our Co-Branded Partner. Parents should review Co-Branded partners’ privacy policies.
Parents/guardians of children under the age of 13 can review any personally identifiable information collected about their child, have this information deleted, and/or request that there be no further collection or use of their child’s personally identifiable information. We will take steps to verify the identity of anyone requesting personally identifiable information about a child and to ensure that the person is in fact the child’s parent or legal guardian. Parents request this by emailing us at: email@example.com
I.INFORMATION COLLECTION AND USE.
We may request or collect certain information when you visit the Cupcake Sites, except for child-directed sites which are described above. However, visitors are required to share only the information that is reasonably necessary to participate in the particular activity.
A. Registration Information: The information required to register varies by Site, but may include: (a) birth date; (b) gender; (c) country; (d) state; (e) zip code; (f) user name and password; (g) wireless telephone number; (h) email address; and (i) other profile information such as avatar preferences, communications preferences, and interests.
Registration information is used to enable visitors to take advantage of site offerings; respond to visitor’s requests for products, services, and information; manage games; serve appropriate material; customize the content you see when you visit the Cupcake Sites; and offer visitors special offers and promotions from Cupcake Sites and the “Cupcake Digital family of companies” (which comprises Cupcake Digital Inc. and its subsidiaries and affiliates), as well as on behalf of selected third parties offering products, programs or services that we believe may be of interest to you.
B. Social Platform Registrations and Social Media Plugins: Some of the Cupcake Sites may permit or require users who are at least 13 years old to register or log into their account via a social networking platform such as Login with Facebook or Flux, or permit you to use social media plugins such as the Facebook “Like” or Google “+1” buttons. When you use these social networking platforms and plugins, your username and password for the services and other information available about you or collected from you on these services may be shared with us.
C. Computer Information Collected by Us: When visitors come to a Site, we may automatically collect certain information from their computers or mobile devices, such as the type of computer operating system (e.g., Windows XP or Mac OS), the visitor’s IP address, the web browser (e.g., Internet Explorer, Safari, Chrome and Firefox), UDID (for certain mobile devices), information about the websites visited before and after visiting the Site, the web pages and advertisements viewed and links clicked on within the Cupcake Sites, interactions with e-mail messages sent by a Site or the Cupcake Digital family of companies (e.g., links clicked on and whether the messages were opened or forwarded), information collected through the use of unique identifiers such as cookies (see below), information regarding the Internet service provider, and other standard server log information (“Computer Information”).
We may use Tracking Technologies to help tailor our content, allow users to move between certain Cupcake Sites without logging into each Site, enable the internal functioning of the Cupcake Sites, understand Site and internet usage, improve or customize the content, offerings or advertisements on this Site, personalize your experience on the Site (for example, to recognize you by name when you return to the Site), understand your interactions with email messages originating from the Cupcake Sites or the Cupcake Digital family of companies (such as the links clicked on and whether the messages were opened or forwarded), save your password, save your online game or video player settings, enable you to use shopping carts, help us offer you products, programs or services that may be of interest to you, deliver relevant advertising, maintain and administer the Cupcake Sites. These Tracking Technologies collect “click stream” data and additional other information regarding your visits to the Cupcake Sites (such as your visits to specific webpages, use of features, purchasing history or preferences), may collect such other information across multiple sessions on the Cupcake Sites and other websites offered by the Cupcake Digital family of companies, and may also collect your IP address or some other identifier unique to the device you use to access the site (“Identifier”). An Identifier may be automatically assigned to any device you use to access the Cupcake Sites.
By visiting a Site, whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to set and access Cookies on your device and track your activities and your use of a Site through these Tracking Technologies and Identifiers and that we may use Tracking Technologies in the emails we send to you.
The Cupcake Sites adhere to the Self-Regulatory Principles for Online Behavioral Advertising.
Our Third Party Advertising Service Providers do not have access to Tracking Technologies set by the Cupcake Sites except to the extent necessary to provide services to the Site. The Third Party Advertising Service Providers, as well as advertisers, may themselves set and access their own Tracking Technologies on your Device if you choose to have Tracking Technologies enabled in your browser (or, for Flash cookies, if you have not removed them) and/or they may otherwise have access to other information about you.
You have a number of options with respect to the Tracking Technologies set by the Cupcake Sites:
Please note that deleting, rejecting, disabling or turning off Tracking Technologies through the above options will not remove Flash cookies.
Please be aware that certain areas and features of Cupcake Sites can only be accessed in conjunction with Tracking Technologies, and that disabling Tracking Technologies might prevent you from accessing such content.
D. Computer Information Collected By Others: The Cupcake Digital family of companies use the services of third parties who may collect, use or disclose cookie information, IP addresses or other identifiers from devices and/or browsers of users who visit Cupcake Sites. Cupcake Sites use a variety of third-party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers, and other third-party service providers (collectively, “Third Party Advertising Service Providers”) to, for example, serve advertisements on the Cupcake Sites, facilitate targeting of advertisements, and measure and analyze advertising effectiveness and/or traffic on the Cupcake Sites (“Targeting Services”). These Targeting Services enable us to display advertisements based on your visits to the Cupcake Sites and other websites you have visited and may include delivering advertisements or other content for products and services that may interest you. Targeting Services also help prevent you from seeing repeated advertisements and enable us to research the usefulness of certain advertisements.
These Third Party Advertising Service Providers do not have access to Tracking Technologies set by the Cupcake Sites except to the extent necessary to provide services to the Cupcake Sites. The Third Party Advertising Service Providers, as well as advertisers, may themselves set and access their own Tracking Technologies on your device if you choose to have Tracking Technologies enabled in your browser (or, for Flash cookies, if you have not removed them) and/or they may otherwise have access to Other Information about you. In addition, Third Party Advertising Service Providers may collect aggregate log data separately and independently from what the Cupcake Sites collect.
You should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of such technology by these third parties is within their control and not the Cupcake Sites. Even if we have a relationship with the third party, we do not control those sites or their policies and practices regarding your information and those sites may use the information they collect from you consistent with their own privacy policies, which we encourage you to review. We encourage you to research and direct any of your questions in this regard to these third parties.
With respect to the Tracking Technologies set by Third Party Advertising Service Providers and advertisers (and outside the control of the Cupcake Sites), you have a number of options:
E. Contests and Sweepstakes: The Cupcake Sites may offer online contests and sweepstakes. To enter these contests and sweepstakes, you may be required to provide your first name and email address and/or additional information required for the management of the contest or sweepstakes.
F. Electronic Newsletters: Visitors can provide their email addresses to receive email newsletters and promotions from the Cupcake Digital family of companies, and our business partners. Visitors may change their preferences regarding emails at any time through the unsubscribe link in the newsletters or, for certain Cupcake Sites, by logging into and changing the preferences for their account.
G. Interactive Features and Services: Some of the Cupcake Sites may offer interactive features and services, such as message boards and comment boxes.
I. Financial Information: We collect and use financial information, such as credit card numbers and security codes, for the limited purposes described below.
i. Arcades: Users who are of legal age to form a binding contract may purchase games available on the Cupcake Sites (e.g., games from Shockwave.com). Purchasing such games may require providing information to process the order including full name, billing and/or shipping addresses, billing address, email address, credit card number, control payment number, PIN, card security code, expiration date and/or a phone number. After successfully entering a valid credit card number/expiration date and completing the order process, an account is created. We use this information to process the order and to send order confirmations via email, as well as to send information about products and services of interest and as otherwise required by law. If you make purchases using a pre-paid card, we will not require you to enter any personally identifiable information to complete your purchase.
ii. Consumer Products: Some of Cupcake Sites may provide pages and/or links to pages offering visitors who are of legal age to form a binding contract the opportunity to purchase consumer products (the “Shops”). To do so, visitors need to provide contact, shipping, billing, and credit information. These pages may be hosted and operated by a third party that is independent and separate from the Cupcake Sites. This third party collects personal information about shop visitors and may share this information with us. We use this information to process the order and to send order confirmations via email, as well as to send information about products and services of interest and as otherwise required by law. Before providing information on these pages, we encourage you to review the posted privacy policies which govern such third party’s use of your information, as they may differ from ours.
iii. Virtual Items/Memberships: Some of the Cupcake Sites may offer memberships, online subscriptions and/or virtual items for use in conjunction with the Cupcake Sites’ games. When you enter into a transaction for a membership, subscription, virtual item or similar transaction, you may be asked to provide the credit card and/or billing information and email address. We will use this information to fulfill your specified requests, as well as to inform you about additional products or service opportunities and as otherwise required by law. Please also see the information regarding payment processors in Section II(B) below.
J. Other Data Collection and Use.
We collect search query information when visitors search for information on the Cupcake Sites. We also collect information from visitors when they contact us with questions and comments.
We may use this information, along with any of the other information described above, to (i) analyze use of the Cupcake Sites and understand and improve our service offerings; (ii) prevent potentially prohibited or illegal activities; and (iii) for any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
We may combine information collected through the Cupcake Sites with information we collect from other sources (e.g., social media integration services), other Cupcake Digital family of company’s sites, offline records or publicly available information). It is your responsibility to provide complete and accurate information and to keep such information up to date. We are not responsible for any problem or liability arising from your failure to do so.
II. DISCLOSURE TO THIRD PARTIES.
We may share your information with third parties for the limited purposes described below.
A. Law Enforcement and Safety.
If you have concerns about the conduct of a particular user, please send an e-mail to firstname.lastname@example.org. This email is not to contact us about the status of your account.
Information collected through the Cupcake Sites may be transferred, disclosed or shared with third parties engaged by us to handle and deliver certain activities, such as message boards, sweepstakes and contests, e-cards, payment processing, newsletters, and advisory boards, and to perform other technical and processing functions, such as sending postal mail and email, maintaining data integrity, programming operations, user services or technology services. We may provide these third parties information collected as needed to perform their functions, but they are prohibited from using it for other purposes and specifically agree to maintain the confidentiality of such information. Some of these agents, such as payment processors, may request additional information during the course of offering their services. Before you provide additional information to third party agents, we encourage visitors to review their privacy policies and information collection practices.
C. Third Parties/Advertisers.
The Cupcake Digital family of companies may use the services of third parties who may collect, use or disclose cookie information, IP addresses or other identifiers from devices and/or browsers of users who visit Cupcake Sites. Some Cupcake Sites partner with outside third parties to provide you with additional content, products, or services that we believe may be of interest. For example, we may partner with a greeting card company, software manufacturer, social media plugin provider, mobile phone provider or cable television service provider to offer you electronic cards, games, social networking, text messaging services or customized video content. These partners operate websites and services that are separate and independent from the Cupcake Sites and, accordingly, may have their own privacy policies. If you consent or register with one of our partners, that means you grant the Cupcake Sites permission to give your registration and other information, including e-mail address, to that third party. If you have identified yourself as residing in the EU, we will not share your email address or other personally identifiable information with third parties for advertising purposes unless you have “opted-in.”
In addition, Third Party Advertising Service Providers may use their own Tracking Technologies to gather information about you. Please see Section I(D) above for more detailed information regarding such use of Tracking Technologies.
D. Co-Branded Sites and Features
Some Cupcake Sites offer co-branded services and features, such as events and promotions that we put together with another company (“Co-Branded Partner”). Such services may be hosted on a Site and/or our Co-Branded Partner’s website. We may share your information with our Co-Branded Partner and your voluntary use of or participation in a co-branded service or feature means that you opt-in and affirmatively consent to both the Cupcake Sites and our Co-Branded Partner collecting and using the information you provided during registration and/or in connection with the specific co-branded feature for fulfillment, marketing or administrative purposes. If you wish to opt-out of a Co-Branded Partner’s future use of your information for marketing purposes, you will need to contact the Co-Branded Partner directly. The Co-Branded Partner will be identified on the co-branded feature or service.
E. Cupcake Digital and Other Affiliated Businesses
The Cupcake Sites are part of the Cupcake Digital family of companies. Where permitted by law, we may share information we collect about you within the websites of the Cupcake Digital family of companies’ and other affiliated businesses so that we can, for example, provide you with information about products and services that might interest you.
F. Business Transfer
In the event that assets relating to one or more of the Cupcake Sites are transferred or sold to another entity as a result of, for example, a corporate sale, merger, consolidation, asset sale, or in the unlikely event of bankruptcy, information collected at the Cupcake Sites may be transferred to the acquiring company.
G. With Your Consent
We may otherwise disclose your information pursuant to your consent.
III. INTERNATIONAL TRANSFER.
IV. SECURITY, STORAGE AND RETENTION OF INFORMATION.
The Cupcake Sites maintain reasonable technical and organizational steps to help ensure that information collected is secure, including limiting the number of people who have physical access to our database servers and use of electronic security systems and password protections which guard against unauthorized access. The Cupcake Sites conduct financial transactions via secured transmissions. We limit access to visitor’s information to employees and contractors who are authorized for the proper handling of such information, and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We also take reasonable steps to help make sure our third-party agents protect the security of your personal information. However, as with most Internet sites or services, it is possible that third parties may unlawfully access such personal information through a number of means despite our efforts.
V. ACCESSING AND CORRECTING INFORMATION;
A. Reviewing Your Information
You have the right to access, update and correct factual inaccuracies in personally identifiable information that we collect online at the Cupcake Sites, subject to certain exceptions. To do so, you should log into your account or you may e-mail us a email@example.com. To help protect your privacy and the security of your personally identifiable information, we will take reasonable steps to verify your identity before granting access.
VI. LINKS TO THIRD PARTIES.
The websites that comprise the Cupcake Sites may contain links to other sites, including those of sponsors, advertisers, social networking platforms, and survey companies. These other websites are governed by their own privacy policies or information collection practices, which may be substantially different from ours. We encourage visitors to other websites to review the privacy policies and information collection practices of those websites.
VII. YOUR CALIFORNIA PRIVACY RIGHTS.
California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to or write us: firstname.lastname@example.org or you may contact us via regular mail at:
Cupcake Digital.com CA Privacy Coordinator
30 Irving Place, 10th Floor
New York, New York 10003
VIII. CONTACT US
If you have any other questions about our information handling practices, including our practices with respect to children’s personal information, please contact us at:
Cupcake Digital CA Privacy Coordinator
30 Irving Place, 10th Floor
New York, New York 10003
Or email us at:
Other corporate affiliates may collect or maintain information through the Cupcake Sites.
© 2015 Cupcake Digital International Inc. and all related titles, logos and characters are trademarks of Cupcake Digital International Inc. All Rights Reserved.