IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE ANY SEVENGA SITE, ONLINE OR MOBILE PRODUCT OR SERVICE.
Sevenga collects both personal and non-personal consumer information. Personal information collected by Sevenga is discussed below in this section. Non-personal information is discussed below in Section III.
information is information that identifies you and that can be used alone, to contact you on-line or off-line. Sevenga may collect personal information from our online visitors during:
- Contest registration and prize acceptance;
- Warranty registration and requests;
- Customer support and/or technical service requests;
- Player match up and other head-to-head online competitions;
- Registration for games and/or special game-specific events;
- Newsletter subscriptions, referral services, and other marketing surveys and email campaigns;
- Registration for Origin and/or other service accounts;
- Creation of a personal profile;
- Product, service and/or subscription orders;
- Service requests from third party service providers on our site;
- Access to our products and/or services on social networks or other third party services; and
- Otherwise through use of our software, mobile or online services where personal information is required for use and/or participation.
Information collected will vary depending upon the activity and may include your name, email address, phone number, home address, birth date, mobile phone number and credit card information.
Visitors to Sevenga Mobile may be asked to provide the name of their mobile service carrier, model of their mobile phone and a valid mobile number so that we may provide purchase instructions directly to their mobile phone.
In that context, your mobile number will only be used to send you a text message with a link to download your game and will not be retained for any other purpose. Prizewinners may be required to provide their Social Security or other identification number for tax purposes, and will be used only for prize fulfillment.
Sevenga also obtains personal and non-personal information from third parties, including in connection with the operation and distribution of our products and services as well as market and demographic studies that we use to supplement personal and anonymous information collected or provided directly by you. Some third party services such as Twitter and Facebook may also provide us with information from your accounts there with your permission.
Sevenga may also collect or receive information about you from other Sevenga users who choose to upload their email and other contacts. This information will be stored by us and used primarily to help you and your friends connect.
Sevenga may also receive information from third parties in connection with market and demographic studies and/or other data that we use to supplement personal information provided directly by you.
Sevenga uses your information to fulfill your specific requests, purchase orders and to send you purchase confirmation and other account-related information. In addition, the personal information you provide will allow us to send you messages about things including new products, features, enhancements, special offers, upgrade opportunities, contests and events of interest. You may also later opt out of such communications sent via email.
combined together, to better enhance your user experience, improve our products and services, understand the behavior and preferences of our customers, to troubleshoot technical problems, to serve advertising, for authentication purposes, to enforce our Terms of Service, to ensure proper functioning of our products and services as well as to help improve them. In addition, we combine non-personal information with personal information, such as an email address, for purposes including providing excellent customer service, administering loyalty programs and tailoring our communications, offerings, web pages or game play experience to you.
If you choose to use our referral service to "Tell a Friend" about a Sevenga product or site, we will ask you for your friend's name and email address. We will send your friend an email on your behalf inviting him or her to visit the site or check out our product. Sevenga stores your friend's name and email for a short period for the sole purpose of sending this email and for redundancy checking, to be sure that your friend does not receive multiple copies of the same email message. We do not keep or use this information for any other purpose.
Your participation in tournaments or other online game events is also conditional upon our collection, use, storage, transmission and public display of statistical data (such as your scores, rankings and achievements) generated through your participation.
B. Will Sevenga Share My Information With Third Parties?
Sevenga will never share your personally identifiable information with third parties without your consent. We may, however, share non-personally identifiable, aggregated and/or public information with third parties. There may be circumstances where you may share information on your own. You may also opt in to allow Sevenga to share your personal information with companies and organizations that provide products or services that we believe may be of interest to you. To opt out of further communications from a marketing partner or sponsor with whom your information has been shared, please contact that partner or sponsor directly.
Sevenga does not disclose any personal information about children under 18 years of age who have registered on any of our websites to third parties, or share or disclose personal information other than as set forth in this policy, provided however, that in the event of a merger, acquisition, or the unlikely event of bankruptcy, management of Sevenga customer information may be transferred to its successor or assign regardless of age.
From time to time, Sevenga employs third party contractors to collect personal information on our behalf to provide email delivery, product, prize or promotional fulfillment, contest administration, credit card processing, shipping or other services on our sites. When requesting these services, you may be asked to supply your name, mailing address, telephone number and email address to our contractors. We ask some third party contractors, such as credit agencies, data analytics or market research firms, to supplement personal information that you provide to us for our own marketing and demographic studies, so that we can consistently improve our sites and related advertising to better meet our visitors' needs and preferences. To enrich our understanding of individual customers, we tie this information to the personal information you provide to us.
You will be notified before your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.
We may also access and disclose personal information, including personal communications, in connection with report abuse functions in our products and services, to enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, or when we believe that disclosure is necessary to protect our rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Sevenga. Note that certain publically available information you post and communicate on our and third party sites and services is public information for which you have no expectation of privacy. See Section XI for more details.
Sevenga understands the importance of keeping your information safe and secure. Sevenga will make commercially reasonable efforts to protect your personal information and ensure the security of our systems. When you enter sensitive financial information (such as a credit card number) on our order forms, we encrypt the transmission of that information using commercially reasonable methods. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. We cannot guarantee that your information will not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. We cannot assume responsibility or liability for unauthorized access to our servers and systems.
Should you be unable to log in or wish to have your account(s) deactivated, please contact our customer support team. We will be happy to review, update or remove information as appropriate. We may still retain your information in our files however, to resolve disputes, enforce our user agreement, and due to technical and legal requirements and constraints related to the security, integrity and operation of our websites.
Some Sevenga sites or services may collect personal information that is not accessible via our site. However, in such cases, you may be able to access that information through alternative means of access described by the service or by writing to our customer support team and you will be contacted within 30 days regarding your request.
If you've granted Sevenga access to your Facebook account information through a Sevenga application, you may request that Sevenga delete your Facebook information by contacting our customer support team and specifying the Facebook application used. Note that as a result of deleting your data associated with an application on Facebook, you will no longer have access to that application.
Many Sevenga online or mobile products and services are intended for general audiences and do not knowingly collect any personal information from children. When a Sevenga online or mobile product or service does request age information, and users identify themselves as under 13, the product or service will either block such users from providing personal information, or we will ensure consent is obtained from parents for the collection, use and sharing of their children's personal information. At that time, we will provide a description of the information that the child may make publically available, how we will use the information and other practices. We will not knowingly ask children under the age of 13 to provide more information than is reasonably necessary to provide our services.
Please note that if you grant consent for your child to use Sevenga's online or mobile products and services, this may include such general audience communication services as email, instant messaging, and online groups, and your child will be able to communicate with, and disclose personal information to, other users of all ages. Parents can review, edit, request the deletion, or prevent further collection or use of their children's personal information or make inquiries regarding this policy by sending an email to email@example.com
If we change this privacy statement in a way that expands the collection, use or disclosure of children's personal information to which a parent has previously consented, the parent will be notified and we will be required to obtain the parent's additional consent.
We encourage you to talk with your children about communicating with strangers and disclosing personal information online. You and your child should review our Online Safety web page for additional information about using the Internet safely.
Under no circumstances do we condition a child's participation in an activity—like contests—on the child's disclosure of more personal information than is reasonably necessary to participate in the activity. On certain sites, we may not permit children to participate at all regardless of consent.
You may choose to disclose information about yourself in the course of contributing user generated content to Sevenga sites or games or in our online chat rooms, blogs, message boards, user "profiles" for public view or in similar forums on our sites and/or on third party sites. Information that you disclose in any of these forums is unencrypted, public information, may be accessed or recorded by Sevenga employees, and there is no expectation of privacy or confidentiality there.
You should be aware that any personally identifiable information you submit in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to make public in any of these forums.
Note also that in the ordinary course of Internet activity, certain information may be sent from your browser to third parties such as advertising networks and analytics companies. Sevenga has no control over the information sent from your browser to those networks or other third parties and recommends that you ensure that your browser settings prevent the disclosure of information you would not like to share.
If you post a video, image or photo on one of our sites for public view you should be aware that these may be viewed, collected, copied and/or used by other users without your consent. We are not responsible for the videos, images or photos that you choose to submit to Sevenga's site. Please see our Terms of Service on this point and for other guidelines about posting content on our websites.
The purpose of this Section is to provide a streamlined method for resolution of disputes between us if they arise.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to your satisfaction by contacting our customer support team. In the unlikely event that Sevenga cannot resolve a concern to your satisfaction (or if Sevenga cannot resolve a concern it has with you after attempting to do so informally), then you and Sevenga agree to be bound by the following procedure to resolve any and all disputes between us. By accepting these terms, you and Sevenga expressly waive the right to a trial by jury or to participate in a class action. This agreement is intended to be interpreted broadly. This Section covers any and all disputes between us ("Disputes"), including without limitation:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
The only disputes that are not covered by this Section are the following:
- a claim to enforce or protect, or concerning the validity of, any of your or Sevenga's (or any of Sevenga's licensors') intellectual property rights;
- a claim related to, or arising from, allegations of theft, piracy, or unauthorized use;
- In addition, nothing in this Section shall prevent either party from initiating a small claims court action.
References to "Sevenga," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prior Agreements between us. This arbitration provision shall survive termination of these Terms of Service.
A. Informal Negotiations/Notice of Dispute. You and Sevenga agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute"). Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). Sevenga will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to: firstname.lastname@example.org.
B. Binding Arbitration. If you and Sevenga are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or Sevenga may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND SEVENGA ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the CIETAC Arbitration Rules (CIETAC Rules), which are available at the CIETAC website www.cietac.org.cn. The CIETAC Rules shall govern your arbitration fees and your share of arbitrator compensation. If such costs are determined by the arbitrator to be excessive, or if you send Sevenga a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate arbitration, then Sevenga will promptly pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and Sevenga may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
C. Restrictions. You and Sevenga agree that any arbitration shall be limited to the Dispute between Sevenga and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND SEVENGA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Sevenga agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
D. Changes to This Provision. Notwithstanding any provision in this Agreement to the contrary, we agree that if Sevenga makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.