Last Updated: August 2023

Our privacy policy is designed to provide transparency into our privacy practices and principles, in a format that our guests can navigate, read, and understand. HyperBeard, Inc. and its subsidiaries (collectively, “HyperBeard”) is dedicated to treating your personal information with care and respect.

This privacy policy describes how HyperBeard collects, uses, and discloses information from players of its games (“HyperBeard Games”). Please read this privacy policy carefully so that you understand our information practices. By downloading, accessing, and/or playing the HyperBeard Games, you consent to the collection of information about you, pursuant to this privacy policy.

If you are a California resident, additional privacy terms set out in Appendix A also apply to the processing of information collected in the course of your playing the games.

If you are located in the European Economic Area or the UK, additional privacy terms set out in Appendix B also apply to the processing of your personal information.

Table of Contents

1. INFORMATION WE COLLECT
2. HOW WE USE YOUR INFORMATION
3. HOW WE DISCLOSE YOUR INFORMATION
4. ADVERTISING
5. IN-APP PURCHASES
   
6. YOUR CONTROLS AND CHOICES
   
7. PRIVACY FOR CHILDREN AND MINORS
   
8. DATA SECURITY AND INTEGRITY
9. DATA RETENTION
10. DATA TRANSFERS, STORAGE AND PROCESSING GLOBALLY
11. CHANGES TO THIS PRIVACY POLICY
12. COMMENTS AND QUESTIONS
13. CONTACT US

APPENDIX A – CALIFORNIA RESIDENTS
APPENDIX B – EEA AND UK USERS
APPENDIX C – THIRD PARTY OPERATORS ON THE HYPERBEARD GAMES

1. Information We Collect

We collect information about you and your use of the HyperBeard Games.  Information about you may be required to provide you with the HyperBeard Games. Your failure to provide such information may result in our inability to provide you with certain games, features, or services. 

By downloading, accessing, and/or playing the HyperBeard Games, you consent to the collection of information about you, by us.  Most of this data comes directly from you or your device, such as device information, your country and region, and game play information.  We use this data to provide our games and services to you, including for the purposes of optimizing our games, preventing fraud, customizing in-game offers, verifying purchases, and, with our third-party advertising partners, delivering to you targeted and/or contextual advertisements.

The information we collect falls into three categories:  (1) information collected directly from you; (2) information collected automatically, and (3) information collected from third parties.

(1) information collected directly from you

• When you download our game, we may collect your age as indicated by you.
• If you subscribe to our newsletter, we collect your email.
• If you communicate with the HyperBeard Games customer service team via email or via our Zendesk website, we collect information you submit in the course of that communication, such as your contact information, the contents of emails you send us, support inquiries, or other feedback you provide directly to us.
• Information you provide in game reviews and surveys
• Registration information, including a username and password
• Purchase information, such as quantity and type of goods purchased, name of purchaser, and shipping address
• Payment information for your purchase, which is securely processed by our third-party payment processor.
• If you communicate with HyperBeard through our presence on third party platforms such as Facebook, Twitter, or Discord, we collect information about the communication, such as your “liking” of our page, content of your comments, or replies to our content.
• Marketing preferences, such as records of your requests to opt out of marketing communications.

(2) information collected automatically

• We use in-app analytical tools to collect unique user ID, IP address, device IDs, hardware or operating system based identifiers, identifiers we assign to your account, and other similar identifiers (collected from your device).
• Information on your activity in the HyperBeard Games (for example, your game progress or your interactions with in-game ads), Internet, gaming, or other electronic network activity information – such as information regarding your interaction with an advertisement (collected from your device).  Your gameplay records are stored in the cloud if you opt-in to Cloud Save on some games. In other games it is stored locally on your device depending on the ability to provide such an option by the Apple & Google Play platforms.
• Your general geographic location (for example, country, state, or city), determined based on your IP address.

(3) information collected from third parties

• HyperBeard collects user information through the third-party advertising networks on the HyperBeard Games.  This information includes your device ID, a unique advertising ID associated with your device, and your approximate geographic location.  For more information, see the “Advertising” section below.
• If you use a third-party platform to connect with HyperBeard Games, we collect third-party platform account information and information made public in connection with that service (including your name, profile picture, age range, gender, and your friends).  Please keep in mind that when you post information on a third-party site or platform, the information you provide may be separately collected by the third-party site or platform. The information we collect is covered by this privacy policy and the information the third-party site or platform collects is subject to the third-party site or platform’s privacy practices. Privacy choices you have made on the third-party site or platform will not apply to our use of the information we have collected directly through the HyperBeard Games.
• If you make in-app purchases, we collect your ZIP code or postal code and information regarding your virtual items or currency in the HyperBeard Games, including the amount of the transaction and records of purchases you have made. Additional information about these transactions is provided in the “In-App Purchases” section below.

Please see the “Privacy for Children and Minors” section below for more information on our collection of information from children.

2. How We Use Your Information

HyperBeard will use your information for the following purposes:

• To sell advertising on the HyperBeard Games, as described in the “Advertising” section below.
• To provide you with the products and services you request.
• To allow you to log in to HyperBeard Games on multiple devices via Cloud Save.
• To contact you with updates about HyperBeard Games (if you have subscribed to our newsletter).
• To ensure consistency with local law and choices and controls that may be available to you.
• To detect, investigate and prevent activities that may violate our policies or be illegal.

In addition, HyperBeard may use your information for the following purposes because these purposes are in HyperBeard’s legitimate business interests:

• To optimize or improve our products, services, and operations.
• To improve the HyperBeard Games and user experiences and to increase the functionality of the HyperBeard Games.
• To monitor and analyze the HyperBeard Games usage and trends and otherwise measure the effectiveness of the services.

Please see the “Privacy for Children and Minors” section below for more information on our use of information from children.

3. How We Disclose Your Information

We may disclose your information outside HyperBeard in the following circumstances: 

• When you allow us to disclose your information with another company, such as directing us to disclose your information with third-party sites or platforms, such as social networking sites.
• When we contract or partner with a third party to provide services on our behalf, including HyperBeard Games development and maintenance. These parties provide a variety of services to us, including, without limitation, order processing, billing, sales, marketing, advertising, market research, fulfillment, data storage, analysis and processing, and legal services.
• When we disclose information with third parties in connection with the sale of all or part of the HyperBeard business.
• To enforce our Terms of Use or rules, to ensure the safety and security of our users and third parties, to protect our rights and property and the rights and property of our users and third parties, address issues relating to security or fraud, to comply with legal process or in other cases if we believe in good faith that disclosure is required by law.
• As described in the “Advertising” section below.
• If you consent, we may disclose your information publicly or to third parties, such as if you agree to provide a product or service review and have that content attributed to you.
• When we disclose information with companies within the HyperBeard corporate group who process your information in order to operate the HyperBeard Games.  All related group companies may only use your information in accordance with this privacy policy.

Please note that once we disclose your information with another company in any of the circumstances set out above, the information received by the other company becomes subject to the other company’s privacy practices.  However, when companies perform services on our behalf, like customer service, we have agreements with those companies that govern their data practices and prohibit them from using your information for purposes other than those requested by us or required by law.

You may request a notice disclosing the categories of information we have disclosed to third parties, and the names of those third parties. To request such notice, please contact legal@hyperbeard.com.

Please see the “Privacy for Children and Minors” section below for more information on our sharing of information from children.

4. Advertising

HyperBeard relies on advertising to fund the development and distribution of the HyperBeard Games, most of which are available to play at no cost to you.  Accordingly, when you play the HyperBeard Games you may see third-party advertising.  This advertising is delivered to the HyperBeard Games by advertising networks that sell advertising to interested third parties.  Advertising networks collect a unique device ID or advertising ID (Apple Identifier for Advertisers (“IDFA”) on Apple devices and Google Advertising Identity (“GAID”) on Android devices) that enables the delivery of advertisements that are relevant to you.  Your advertising ID is consistent across all apps and thus allows for cross-app tracking and interest-based advertising.  Advertising IDs are non-permanent, non-personal identifiers uniquely associated with your device.  Similar technologies include tracking pixels within ads.  These technologies allow companies (including marketers and advertisers) to recognize your device when you use websites and applications.  Advertising networks may use your device’s IP address to determine your approximate geographic location to enable them to deliver more relevant advertisements. 

Some HyperBeard Games reward you with in-game currency (such as coins or gems) for watching advertisements (“Rewarded Ad”). If you are a California resident, please review the Incentive Program section in Appendix A.

Please see the “Your Controls and Choices” section, below, for information on how to limit advertising tracking.

We do not sell data on children (players under the age of 13) and minors (players under the age of 16).  Please see the “Privacy for Children and Minors” section below for more information on advertising to children.

5. In-App Purchases

Certain HyperBeard Games may allow you to make In-App Purchases.  All In-App Purchases are processed by third party payment processors that may collect information directly from you (for example, they may request your billing address and credit card information) in accordance with its own privacy policy.  HyperBeard’s third party payment processors do not disclose your financial information, like credit card number, with HyperBeard.  We receive summary information about all purchases, including the amount of the transaction and your general location (such as your ZIP code).

6. Your Controls and Choices

We provide you the ability to exercise certain controls and choices regarding our collection, use, and sharing of your information.  In accordance with applicable law, you may be able to exercise certain rights with respect to the information we hold about you, including requesting access to that data or requesting that we amend or delete it.  You may exercise your controls and choices, or request access to your information, by contacting legal@hyperbeard.com.   See also Appendix A (for users in California) and Appendix B (for users in the European Union).

(1)   Marketing Communications

You can unsubscribe from marketing emails we send to you by clicking the “unsubscribe” link they contain or by contacting legal@hyperbeard.com. Please note that even though you may opt-out of receiving marketing-related communications from us, we may still send you important administrative and transactional messages.

(2)   Rights Regarding Your Information

Depending on your jurisdiction, you may have the right, in accordance with applicable privacy and data protection laws, to make requests related to your “personal information” or “personal data” (as such terms are defined under applicable law, and collectively referred to herein as “personal information”). Specifically, you may have the right to ask us to:

• Tell you about the categories of personal information we collect or 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 disclose personal information.
• Provide you access to and/or a copy of certain personal information we hold about you.
• Correct or update personal information we hold about you.
• Delete certain personal information we have about you.
• Provide you with information about the financial incentives that we offer to you, if any.
• Restrict or object to certain uses of your information.
• Opt you out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable.

Please note that certain information may be exempt from such requests under applicable law. For example, we need to retain certain information in order to provide our services to you. We also need to take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name and email address.  If we are unable to verify you, we may be unable to respond to your requests.

You may also have the right to opt out of “sales” of your information and “sharing/processing of your information for targeted advertising” as described below. If you are a California resident, please see the Appendix A below for more information about our privacy practices and your rights.

As provided in applicable law, you also have the right to not be discriminated against for exercising your rights.

To exercise any of these rights, you can contact legal@hyperbeard.com.

You may be able to designate an authorized agent to make requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request. 

Depending on applicable law, you may have the right to appeal our decision to deny your request, if applicable. We will provide information about how to exercise that right in our response denying the request. You also have the right to lodge a complaint with a supervisory authority.

(3)   Notice of Right to Opt Out of Sales of Personal Information and Processing/Sharing of Personal Information for Targeted Advertising Purposes

Depending on your jurisdiction, you may also have the right to opt out of “sales” of your information and “sharing/processing of your information for targeted advertising.”

As explained in the “How We Disclose Your Information” and “Advertising” sections above, we sometimes disclose information to unaffiliated third parties we collaborate with or that provide offers that we think may be of value to you. We also provide information to third-party advertising providers for targeted advertising purposes or use advertising analytics partners to assist us in analyzing the use of our services and our user/customer base. Under certain laws, the disclosure of your personal information to these third parties may be considered a “sale” of personal information or the processing/sharing of personal information for targeted advertising purposes.

If you would like to opt out of the disclosure of your personal information for these, please visit the following link, which is also available in the footer of our Site: “Do Not Sell My Personal Information.” Because opt out requests are tied to your device ID, please note that you will need to opt out on each device you use to access the Services.

Depending on your jurisdiction, you may be permitted to designate an authorized agent to submit such requests on your behalf. Please note that we do not knowingly sell the personal information of minors under 16 years of age.

7. Privacy for Children and Minors

HyperBeard applies special protections for its younger players’ data.  For applications that are directed towards children and minors, HyperBeard does not collect your information for profiling, targeted advertising, or geolocation tracking and we use the limited information we do collect to support our internal operations.

For applications that are directed at users age 16 and up, HyperBeard has implemented age-screens to verify the age of players.  When you download our game, we collect your age as indicated by you.  We provide a separate experience for younger users through which we collect limited information and serve contextual advertising only.  In that gaming experience, there will be no profiling, targeted advertising, or geolocation tracking, and we use the limited information we do collect to support our internal operations.  A list of third party operators on the HyperBeard Games can be found in Appendix C.

HyperBeard collects data on children (players under the age of 13) and minors (players under the age of 16) only when necessary:

• To deliver the game and access network features.
• To serve contextual advertising, as noted above.
• To provide you with the products and services you request.

HyperBeard may use this data for the following purposes because these purposes are in HyperBeard’s legitimate business interests:

• To maintain and analyze game functioning.
• To detect, investigate and prevent actions to ensure legal and regulatory compliance.
• To protect the security and integrity of our users and HyperBeard Games.

We work only with selected ad networks that respect the tag-for-child-directed (TFCD) parameter—aka the ‘COPPA flag’—on a per-app or per-request basis, so that interest-based advertising is switched off, and personal data collection is restricted.  In addition, these ad networks are able to categorize and tag their ad creatives by age, so that the ads are appropriate content-wise.

If HyperBeard discovers that we have inadvertently gathered personal information from a child under 13 years of age, we will take reasonable measures to promptly delete such personal information from our records.

If you are a parent or legal guardian of a child under the age of 13 (or a minor under 16) who uses the HyperBeard Games, please contact us at legal@hyperbeard.com, if you have any questions or comments. If you are a parent or guardian, you may review the information we have collected from your child or ask us to make no further use of, or delete, such information. We may need to verify your identity before implementing your request.

8. Data Security and Integrity

The security, integrity, and confidentiality of your information are important to us.  We have implemented technical, administrative, and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.  Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.

We will retain your information for the length of time needed to fulfill the purposes outlined in this privacy policy unless a longer retention period is required, or for the establishment, exercise, or defense of legal claims, or for legitimate business purposes, or as provided by law.

9. Data Retention

The length of time for which we retain your information depends on the purposes for which we collect it and use it. We may also retain and use this information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.  The criteria used to determine our retention periods include: 

• The length of time we have an ongoing relationship with you and provide services to you (for example, for as long as you have an account with us or keep using our services) and the length of time thereafter during which we may have a legitimate need to reference your information to address issues that may arise;
•  Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or,
•  Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations)

We will delete and/or aggregate your information after the retention period ends.

10. Data Transfers, Storage and Processing Globally

Pursuant to our contract with you to provide you with the HyperBeard Games, your information will be processed on servers that may not be located where you live, including on our servers hosted in the United States.  Users outside the United States should be advised that through your continued use of the HyperBeard Games, which are governed by U.S. law, this privacy policy, and our Terms of Use, you are transferring your information to the United States and (where applicable) you consent to that transfer.  No matter where our servers are located, we take appropriate measures to safeguard your rights in accordance with this privacy policy.

11. Changes to this Privacy Policy

From time to time, we may change this privacy policy to accommodate new technologies, industry practices, regulatory requirements, or for other purposes.  If we make any material changes to this privacy policy, we will post the updated privacy policy here and notify our users. Please check this page frequently to see any updates or changes to this privacy policy.

12. Comments and Questions

If you have a comment or question about this privacy policy, please contact legal@hyperbeard.com.  The HyperBeard Games may contain links to other sites or apps not owned or controlled by us and we are not responsible for the privacy practices of those sites or apps.  We encourage you to be aware when you leave our HyperBeard Games and to read the privacy policies of other sites or apps that we link to, which may collect your personal information.

13. Contact Us

If you have questions about this privacy policy, please contact HyperBeard at legal@hyperbeard.com.

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Appendix A – California Residents

Note: If you are an individual in the state of California, the following additional information applies to you:

CONTACT

Please contact legal@hyperbeard.com with any questions about this Appendix.

How We Collect and Use Your Personal Information

This section provides more detail on the types of personal information we collect from users and our purposes for doing so.  This chart provides the information required by the The California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020” CCPA” The below table describes what we currently collect and have collected from users over the past 12 months.

We may additionally use this information for the following business purposes specified in the CCPA:

• Auditing related to an interaction with you and concurrent transactions;
• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
• Debugging to identify and repair errors in our services;
• Short-term, transient uses;
• Performing our services;
• Internal research for technological development and demonstration; or
• Activities to verify or maintain the quality or safety of our services, and to improve, upgrade, or enhance our services.

What Personal Information We Share

We primarily collect, use, and share de-identified and/or aggregated consumer information, which is not considered personal information under CCPA since it does not directly or indirectly reveal your identity.  However, CCPA defines “sale” very broadly. It includes the sharing of CCPA Covered Information (by a covered business) in exchange for anything of value.  According to this broad definition, in the year before the date this policy was issued, for some HyperBeard Games we collected, and may have sold, only the following categories of information for non-children and non-minor users:

• Unique and online identifiers – IP address, device IDs, or other similar identifiers (collected from your device);
• Internet, gaming, or other electronic network activity information – such as browsing history, search history, and information regarding an individual’s interaction with an internet website, application, or advertisement (collected from your device); and
• Location information – for example, if you access our games on your mobile device our advertisers may derive information about location from your IP address.

We may share the information with recipients such as our service providers to achieve these business purposes. This means that we may disclose the categories of personal information listed above for a business purpose.

Your Choices Regarding “Sharing” and “Selling”:

You have the right to opt out of our sale/sharing of your personal information for purposes of online analytics and advertising by clicking here. To opt out of the offline disclosure of your information to third parties for these purposes, please email us at legal@hyperbeard.com. 

Incentive Programs (California Residents Only)

The Services may offer opportunities to receive certain services or benefits such as discounts or free or extended services (such as bonus game time or additional credits), which may require the provision of personal information. Such opportunities could be considered a financial incentive under applicable law (each, an “Incentive Program”).  When you participate in an Incentive Program, you agree to the terms of that Incentive Program, and may revoke your participation depending on the Incentive Program (e.g., by opting out of emails or terminating a service). To the extent we can determine the value of your information, we consider the value to you (and costs to us) of providing you with a discount, as compared to the value to us in an opportunity to gain a loyal, or even more loyal, customer; we seek to reasonably relate the benefits to you to the costs to us.

Sensitive Personal Information

The CCPA also allows you to limit the use or disclosure of your “sensitive personal information” (as defined in the CCPA) if your sensitive personal information is used for certain purposes.   In the limited circumstances that we process sensitive personal information as defined in the CCPA, we do not use or disclose it other than for disclosed and permitted business purposes for which there is not a right to limit under the CCPA.

Please see the “Your Controls And Choices” section of our Policy above for information about the additional rights you have with respect to your personal information under California law and how to exercise them.

Retention of Your Personal Information. Please see the “Data Retention” section above.

How to Exercise Your Rights
If you are a California resident to whom the CCPA applies, you may exercise your rights, if any, to access or delete data by contacting us at legal@hyperbeard.com.

Appendix B – EEA and UK Users

Note: If you are an individual in the European Economic Area (“EEA”) or the United Kingdom (“UK”), the following additional information applies to you:

CONTACT

For the purposes of EEA and UK data protection law, HyperBeard, Inc. is the data controller. We are a company registered at 705 Tofino Cv, Round Rock, TX 78665 USA.

PURPOSES AND LEGAL BASIS OF PROCESSING

More information about the legal basis of processing in EEA law is set out in the table below:

We will use any of the above information to detect, investigate and prevent fraud, misuse of our services, and other illegal activities, and protect our and others’ rights and properties as well as to respond to court orders, lawsuits, subpoenas, and government requests.

RIGHTS

Users in the EEA and UK have rights in relation to their personal information. Some of these only apply in certain circumstances. We have described these situations below, as well as how you can exercise your rights. To exercise any of your rights, please email legal@hyperbeard.com. 

• Access: to enquire about and access personal data held by HyperBeard and details about how we use it and who we share it with;
• Portability: in certain circumstances, you have the right to receive or ask us to provide your personal data to a third party in a structured, commonly used and machine-readable format;
• Correction: to correct any personal data held about you that is inaccurate and have incomplete data completed;
• Erasure: that we erase your personal data in certain circumstances;
• Restriction of Processing to Storage Only: to require us to stop processing the personal data we hold about you other than for storage purposes in certain circumstances.
• Objection: in certain circumstances, the right to restrict or object to our processing of your personal data. You also have the right to object to marketing based on profiling;
• Withdrawing Consent: You can withdraw your consent at any time by entering your email address in this opt-out link; and
• Complaints: if you wish to make a complaint about how we process your information, please email legal@hyperbeard.com and we will deal with your request as soon as possible. This is without prejudice to your right to launch a claim with your local data protection authority.

Announcements

We may from time to time send you announcements when we consider it necessary to do so (for example, when we temporarily suspend Game access for maintenance, or security, privacy or administrative-related communications). You may not opt-out of these non-promotional, service-related announcements.

Appendix C – Third Party Operators on the HyperBeard Games

Our HyperBeard Games gather analytics information that provides insights from data to help us optimize our Games.  Our Games may also serve contextual and personalized advertisements, depending on your age group and privacy preferences. As set out in the Children’s Privacy section of this policy, we provide a separate experience for younger users, including by limiting advertising to contextual ads. The chart below contains a list of common third-party service providers that may be present across our apps. It also provides links to their privacy policy and other privacy-related information, as well as opt-out options from personalized advertising when available.