GameChanger Privacy Policy

Effective Date: 12/17/2020

GameChanger Privacy Policy

GameChanger Patch Co., its affiliates and subsidiaries (collectively “GameChanger”) respect the privacy of our customers, business partners, and other visitors to our Sites, who may choose to provide Personal Information. We recognize the need for appropriate protections and management of Personal Information that you provide to us. This Privacy Policy will assist you to understand what types of information we may collect, how that information may be used, and with whom the information may be shared when you provide information within the gamechangerpatch.com domain of websites (the “Sites”).

Scope

This Privacy Policy applies to data collected by GameChanger. 

What Personal Information does GameChanger Collect?

On the Sites you can request information, subscribe to marketing, create and manage your account, access and use the Services and purchase Products (subject to the terms of the GameChanger Terms of Service) or view other materials. Any capitalized terms not defined herein are as defined therein. GameChanger will collect Personal Information from you for these purposes. “Personal Information” for purposes of this Privacy Policy is information that identifies or can identify a specific individual including, but not limited to an individual’s name, address, telephone number, email address and/or contact preferences. GameChanger does not collect Personal Information when you visit GameChanger´s Sites unless you choose to provide it to GameChanger. In order to purchase the Products and use some Services, you will be required to provide Personal Information.

GameChanger does not intend to collect “Sensitive Information” which includes such items as: Personal Information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying the sex life of the individual.  However to the extent this information is collected by GameChanger the person providing such information will be given an affirmative or explicit (opt in) choice if such information is to be disclosed to a third party or used for a purpose other than those for which it was originally collected or subsequently authorized by the individual through the exercise of opt in choice.

How does GameChanger use Personal Information?

GameChanger will use Personal Information to provide current and potential customers and business partners with information and services and to help us better understand your needs and interests. GameChanger may use information about you, including Personal Information, for any purposes not inconsistent with this Privacy Policy, otherwise made by us in writing at the point of collection and not prohibited by applicable law, including without limitation: to welcome you, provide ongoing Products and Services, update you on new products and services reasonably related to the Products and Services, facilitate, manage, personalize and improve your online experience, process and maintain your accounts and any content you submit, transact with you, provide services or information you request, respond to your comments, questions and requests, serve you content and/or advertising, and send you notices, improve the Service and for any other internal business purposes, tailor our content, advertisements, and offers, fulfill other purposes disclosed at the time you provide Personal Information or otherwise where we are legally permitted or are required to do so, Determine your location and manage digital content rights, and prevent and address fraud, breach of policies or terms, and threats or harm.

In accordance with applicable law, Personal Information collected may be transferred to, stored and processed in the United States or any other country in which GameChanger, GameChanger subsidiaries and affiliates, or service providers maintain facilities, even if the level of data privacy required is less than that required by applicable law of the originating country. By entering your Personal Information or any data, you consent to the worldwide processing of your Personal Information by GameChanger for these uses.

In addition, we may use aggregate Demographic Information to improve our Sites, but that information is not personally identifiable.  For purposes of this Privacy Policy, “Demographic Information” means information, such as your gender, age, zip code, interests, recent and upcoming purchases, and education, employment, and other background information when you submit a resume to the Service.  Except to the extent required by applicable law, Demographic Information is not Personal Information under this Privacy Policy.

Personal Information once “De-identified” (i.e., the removal or modification of the personally identifiable elements, or the extraction non-personally identifiable elements including through anonymization, pseudonymization, and/or hashing) is also not Personal Information and may be used and shared without obligation to you, except as prohibited by applicable law.  However, we do not make assurances that De-identified data is not capable of re-identification. In the event de-identified information is combined with or re-identified as Personal Information by GameChanger then it will again become Personal Information. Information provided by third parties or other sources to GameChanger that may include information about you is not Personal Information unless they defined it as such subject to restrictions or it is combined with Personal Information we collected from you. GameChanger is not responsible or liable for the accuracy of the information provided by third parties or for third party policies or practices. 

With whom does GameChanger Share Personal Information?

GameChanger contracts with its affiliates and subsidiaries and with third party service providers and suppliers to deliver certain products, services and customer solutions and support. Examples of such services provided on our behalf include, but are not limited to the delivery of mailings, hosting websites, marketing, fulfillment, processing transactions, planning events, and the provision of support and other services to enable the use of GameChanger products and services.  GameChanger may use a recruitment partner to collect and process career applications. GameChanger may share Personal Information with its service providers and suppliers to the extent needed to deliver the service or products, or to respond to requests for information on products or services, or to otherwise support the customers' business needs. In these instances, you will not have the opportunity to opt out of having your information shared with third party providers and suppliers, and they may contact you directly regarding such products or services.

Third party service providers and suppliers receiving Personal Information are expected to apply the same level of privacy protection as contained in this Privacy Policy. They are required to keep confidential and secure the Personal Information received from GameChanger and they may not use it for any purpose other than as originally intended. However, unless otherwise dictated by law or agreement, GameChanger is not responsible for any improper use by such parties.

We may also disclose Personal Information and the content of communications in order to: (a) comply with the law or respond to lawful requests, such as to comply with a subpoena or similar legal process; or (b) act in good faith to protect the rights or property of our business, employees, suppliers or customers, investigate fraud, or respond to a government request; or (c) to any other party with your prior consent to do so.  If GameChanger is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our web site of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.  Unless permitted by relevant laws or you have provided consent, GameChanger will not share, sell, trade or lease your Personal Information to others, except as provided in this Privacy Policy.

Choice and Access

GameChanger does not require that customers, business partners or non-employee visitors to GameChanger Sites provide GameChanger with Personal Information. The decision to provide Personal Information is wholly voluntary. If you do not provide the Personal Information requested, however, you may not be able to proceed with the activity, purchase Products, or receive the benefit for which the Personal Information is being requested.

GameChanger will send you service-related announcements on occasions when it is necessary to do so. For instance, if our service is temporarily suspended, we might send you an email. Generally, you may not opt-out of these service-related communications. If you do not wish to receive them, you have the option to deactivate your account.

With respect to the sending of promotional materials, GameChanger will offer you the opportunity to opt out before such materials are sent to you. You can always unsubscribe or choose not to receive promotional information from us by following the specific instructions in the email you receive or by notifying us via the appropriate method below. It may take a reasonable period of time to process your request, no longer than 30 days. This will not apply to the receipt of mandatory service communications that are considered part of certain GameChanger services, which you may receive periodically unless you cancel the service.

You have the right to access to your Personal Information and to modification or deletion thereof in the event your Personal Information as stored by us is incorrect or otherwise unlawful. GameChanger strives to keep your Personal Information accurate. We will provide you with access to your information when reasonable, or in accordance with relevant laws, including making reasonable effort to provide you with online access and the opportunity to change your information. To protect your privacy and security, we will take steps to verify your identity before granting access or making changes to your data. You have the right to withdraw any consent you've given with respect to our use of your Personal Information.  Requests to delete Personal Information are subject to any applicable legal and ethical reporting or document retention obligations. To access and/or correct information, you can do so online or notify us via the appropriate method below depending on which site is at issue.  Contact GameChanger at privacy@gamechangerpatch.com or via mail at GameChanger, 5739 Belmont Avenue, Dallas, TX 75206, USA.

GameChanger will retain your information for as long as your account is active or as needed to provide you services. GameChanger will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Security of Personal Information

GameChanger is committed to securing the personal data you choose to provide us. To protect the privacy of any Personal Information you may have provided, GameChanger and its service providers employ industry-standard physical and logical access controls that change in response to the changing regulatory and threat environments including Internet firewalls, intrusion detection, anti-virus protection, and network monitoring. If a password is used to help protect your accounts and Personal Information, it is your responsibility to keep your password confidential.  No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our web site, you can contact us at complaince@gamechangerpatch.com.

Web Beacons, Cookies, Other Methods, and Display of Advertising

As is true of most web sites, GameChanger and/or a third party service provider collects and/or logs Internet Protocol addresses, Internet domain names, the web browser and operating system used to access the Sites, the files visited, the time spent in each file, and the time and date of each visit. GameChanger collects these through the use of log files and web beacons.  Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on web pages and are about the size of the period at the end of this sentence. GameChanger does not tie the information gathered by web beacons to our customers’ personally identifiable information.  GameChanger uses this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.

GameChanger may also use cookies. Cookies are identifiers that can be sent from a web site via your browser to be placed on your computer's hard drive. Thereafter when you visit a web site, a message is sent back to the web server by the browser accessing the web site. You may elect not to accept cookies by changing the designated settings on your web browser. However, not utilizing cookies may prevent you from using certain functions and features of our Sites. The information collected from the use of cookies is used and analyzed to improve GameChanger´s Sites, such as by gaining a better understanding of your interests and requirements regarding our Sites. Cookies are linked to your Personal Information, such as your email address or password. You can set your browser to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. The information we collect and analyze is used to improve our service to you and personalize your web-browsing experience.

For the GameChanger Sites we may use the services of a third party vendor to help us measure the effectiveness of our advertising and how visitors use the site by using web beacons or cookies as described above.  The type of information we collect includes the pages visited, navigation patterns, etc. This information helps us learn things such as what product information is of most interest to our customers and what kinds of offers our customers like to see. These third party tracking devices only collect data in the aggregate. Broadly speaking the cookies on the Sites fall into three categories:

Strictly Necessary: These are always enabled cookies required for site functionality. These include cookies that allow you to be remembered as you explore the site within a single session or, if you request, from session to session. They help make the search and account process run smoothly as well as assist in security issues and conforming to regulations.

Functional and Performance: These analytics cookies allow us to improve the site's functionality by anonymously tracking usage. They also help us identify GameChanger products that we may recommend to you. In some cases these cookies improve the speed with which we can process your request, allow us to remember site preferences you've selected and help connect you to your social networks. De-selecting these cookies may result in poorly-tailored recommendations and slow site performance. You also may not be able to share effectively with Facebook, Twitter or other social networks.

Advertising: These cookies collect information to help better tailor advertising to your interests, both within and beyond Sites. The data collected is anonymous; it is not connected with any Personal Information you may have shared about yourself with GameChanger. De-selecting these cookies may result in seeing advertising that is not as relevant to you.

Please note that the use of third party cookies and web beacons by any advertising partners are not covered by the Privacy Policy as we do not have access or control over these third party web beacons or cookies and those are covered by such third parties policies.

GameChanger may utilize framing techniques to make it appear that the user is still on the site when the user is actually on a third party web site. Widgets support functions that require that you disclose certain personally identifiable information given the user's choice of participation.

Location Based Services: GPS (global positioning systems) software, geo-filtering and other location-aware technologies locate you (sometimes precisely), or make assumptions about your location, for purposes such as verifying your location and delivering or restricting content, including third party ads, based on your location.  If you have enabled GPS or use other location-based features on the Service, your device location may be tracked by us and third parties. Our store finder feature may access and use information about your device location (such as based on IP address or GPS, as applicable), or your account information, to suggest appropriate store locations.  Our Service Content may be personalized based on various information we may have about you to try to provide you with more location-relevant content.

Embedded Scripts:  An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from GameChanger’s web server, or from a third party with which GameChanger works, and is active only while you are connected to the Service, and deleted or deactivated thereafter.

Cross Device Data:  Technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use (e.g., Facebook ID), which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household) (“Cross Device Data”).

Sweepstakes, Contests, and Promotions

GameChanger may offer sweepstakes, contests, and other promotions (each, a “Promotion”), including Promotions jointly sponsored or offered by third parties, which may require submitting Personal Information.  If you voluntarily choose to enter a Promotion, your information, including Personal Information, may be disclosed to GameChanger, co-sponsors, Service Providers, and other third parties, including for administrative purposes and as required by law (e.g., on a winners list). By entering, you are agreeing to the official rules that govern that Promotion, which may include consent to additional or differing data practices from those contained in this Privacy Policy.  Please review those rules carefully.

Links to Non-GameChanger Web Sites and Third Parties

The Sites may provide links to third-party web sites for your convenience and information. If you access those links, you will leave the Sites. GameChanger does not control those sites or their privacy practices, which may differ from GameChanger's. We do not endorse or make any representations about third party web sites and shall bear no liability for your use thereof. The personal data you choose to give to unrelated third parties is not covered by the GameChanger Privacy Policy. We encourage you to review the privacy policy of any company before submitting your Personal Information.

Information You Disclose Publicly or to Others 

The Service may permit you to post or submit user submitted content (“USC”) including, without limitation, written content, user profiles, audio or visual recordings, computer graphics, pictures, data, or other content, including Personal Information.  If you choose to submit USC to any public area of the Service, your USC will be considered “public” and will be accessible by anyone, including GameChanger.  Notwithstanding anything to the contrary, unless otherwise explicitly agreed by us, Personal Information included in USC is not subject to GameChanger’s usage or sharing limitations, or other obligations, regarding Personal Information under this Privacy Policy or otherwise, and may be used and shared by GameChanger and third parties to the fullest extent not prohibited by applicable law.  GameChanger encourages you to exercise caution when making decisions about what you disclose in such public areas.  For more information on how USC is treated under the Service’s Terms of Service see Section 15 therein.  Additionally, the Service may offer you the option to send a communication to a friend or other contact. If so, GameChanger relies on you to only send to people that have given you permission to do so.  The recipient’s Personal Information you provide (e.g., name, e-mail address) will be used to facilitate the communication, but not used by GameChanger for any other marketing purpose unless GameChanger obtains consent from that person.  Your contact information and message may be included in the communication. 

Social Media, Cross Device Data, and Sharing Options

The Sites may include social media features, such as the Facebook or Instagram Like button and widgets, such as the Share this button or interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it.  GameChanger may engage and work with service providers and other third parties to serve advertisements on the Service and/or on third-party services.  Some of these ads may be tailored to your interest based on your browsing of the Service and elsewhere on the Internet, which may include use of precise location and/or Cross Device Data, sometimes referred to as “interest-based advertising” and “online behavioral advertising”, which may include sending you an ad on a third-party service after you have left the Service.  Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.  We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.  You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Personal Information of our Customers' Clients

When we provide services to our business customers, in some instances we process Personal Information or confidential information about their clients ("Client Information") on their behalf. In these situations it is our customers rather than we who decide the reasons for which the Client Information will be processed. For details of how the Client Information will be used and protected, and details of how to access or correct the information, please refer to the privacy policy or the agreement governing confidential information of the GameChanger customer to whom you submitted your Personal Information. Relevant laws may oblige customers to require that we comply with the same security rules that they are subject to under such laws.

Children and Privacy

The Sites do not target and are not intended to attract children under the age of 13. GameChanger does not knowingly solicit Personal Information from children under the age of 13 or send them requests for Personal Information.  Any California residents under the age of eighteen (18) who have registered to use the Service, and who posted content or information on the Service, can request removal by contacting us as set forth herein.

Enforcement of this Privacy Policy

If you have questions regarding our compliance with this Privacy Policy you should first contact us by making a written submission to GameChanger´s Privacy Department, at privacy@gamechangerpatch.com.

GDPR Specific Terms

Lawful basis:

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases: your consent; the performance of the contract between you and the Site; compliance with our legal obligations; to protect your vital interests; or for our legitimate interests, which do not override your fundamental rights and freedoms.

Retention:

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see below.

Automatic decision-making:

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.  We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Our processors use or may use limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.  Services that include elements of automated decision-making include: temporary deny list of IP addresses associated with repeated failed transactions. This deny list persists for a small number of hours and temporary deny list of credit cards associated with deny listed IP addresses. This deny list persists for a small number of days.

If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information above.

Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada, Panama, and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

CCPA Specific Terms

If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information above.  If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address below.

Changes to this Policy

GameChanger will review and update this Policy periodically, and will note the date of its most recent revision above. If we make material changes to this Policy, we will notify you either by prominently posting a notice of such changes prior to implementing the changes or by directly sending you a notification. Should we undergo any sort of corporate reorganization in the future, you agree that we may provide your information to the resulting entity in which case we will follow these Change procedures. We encourage you to review this Privacy Policy frequently to be informed of how GameChanger is protecting your information.