PRIVACY POLICY
(Last updated on December 20, 2019)
Navigation
1. Introduction
If you are here, you have reached us by visiting the surviv.io website (the “Site”) to access our web game application “surviv.io”, also available for download on mobile marketplaces (the “Game”), or by using any of our other online or offline services (collectively, the “Services”). We are committed to protecting your privacy. This privacy policy explains our collection, use, disclosure, retention, and protection of your personal information, as well as your rights to your data under US and International Law, including but not limited to EU Directive 2002/58/EC and the EU General Data Protection Regulation (“GDPR”), the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (“CAN-SPAM”), the US Children’s Online Privacy Protection Act (“COPPA”), and the California Consumer Protection Act of 2018 (“CCPA”). This Privacy Policy does not apply to any third-party websites, services or applications, even if they are accessible through our Services (including mobile marketplaces or social media). We may refer to surviv.io, LLC herein as “surviv.io”, “we” or “us”. Also, please note that, unless we define a term in this Privacy Policy, all capitalized terms used in this Privacy Policy have the same meanings as in our Terms of Service. So, please make sure that you have read and understand our Terms of Service. Where we are required to identify a data controller pursuant to regulation, surviv.io is the designated controller of the data we collect.
This Privacy Policy describes:
2. Information We Collect
When you interact with our Services, we may collect and store information from you directly as described below:
2.1 Registration Information
You may connect to your Facebook, Google, Twitch, or Discord social media account when you access our Site and Game. By doing so, you will create a game user account (the “Account”) where you can track your personal player statistics and leaderboard standings. In doing so you may create a user name associated with your account that we will associate with you and your gameplay.
2.2 Information Collected by Customer Support
When you ask for assistance from our Customer Support team, we will collect and store the contact information you provide (generally your name and e-mail address), information about your game play, stats, items, and activity on the Game, and your user name or ID number. We will also store the correspondence and any information contained within in order to service your customer support request request and maintain an record of error and bug resolutions.
2.3 Push Notifications & Local Notifications
With your consent we or our service providers may send push notifications to your mobile device to provide Game updates and other relevant messages. You can adjust the types of notifications you receive and when you receive them by editing your notification settings. We or our service providers may also send local notifications to your mobile device to provide Game updates and other relevant information.
2.4 Technical and Usage Information
When you access our Services, we or our third party service providers may collect (i) certain technical information about your mobile device or computer system, including IP Address, mobile device ID (IDFA, Google Advertising ID or other identifiers), and the version of your operating system; and (ii) usage statistics about your interactions with the Game.
When you use our Services, we may collect and store information about your location by converting your IP address into a rough geo-location or by accessing your mobile device’s GPS coordinates or coarse location if you enable location services on your device. We may use location information to improve and personalize our Services for you. If you do not want us to collect location information, you may disable that feature on your mobile device.
3. How We Collect Your Information
We may collect information about you in any one or more of the following ways:
3.1 Communications Features
You may be able to take part in certain activities through our Services that give you the opportunity to communicate or share information not just with surviv.io, but also with other users of our Services, generally by connecting to official “surviv.io” social media accounts. We are not responsible for your use of those services. If you communicate to us or other users publicly via our social media accounts, you are strongly encouraged to review the privacy policies of those services if you have questions about the use of your data. We only access the information you make available to the public on our social media pages and do not receive any information concerning your social media account from any social media platform.
3.2 Cookies and Automated Information Collection
When you access our Services, we collect certain technical information in order to (i) analyze the usage of our Services; (ii) provide a more personalized experience; and (iii) manage advertising. We and service providers acting on our behalf may use Log Files and tracking technologies to collect and analyze certain types of technical information, including Cookies, Flash Cookies, and Web Beacons.
“Log Files” means certain information about how a person uses our Services, including both registered and unregistered users (either, a “User”). Log Files may include information such as a User’s Internet Protocol (IP) addresses, browser types, browser language, referring and exit pages, and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, Game state and the date and time of activity on our Site or the Game, and other similar information. In some cases, we will associate this information with your user account for our internal use.
“Cookies” are small text files that are placed on your device by a web server when you access our Services. We may use both session Cookies and persistent Cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Services. We may also use Cookies to monitor aggregate usage and web traffic routing on our Services and to customize and improve our Services. Unlike persistent Cookies, session Cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept Cookies, you can change your browser options to stop automatically accepting Cookies or to prompt you before accepting Cookies. Please note, however, that if you don’t accept Cookies, you may not be able to access all portions or features of the Services. Some third-party services providers that we engage (including third-party advertisers) may also place their own Cookies on your device. Note that this Privacy Policy covers only our use of Cookies and does not include use of Cookies by such third parties.
”Web Beacons” (also known as web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to know if a certain page was visited or whether an e-mail was opened,to advertise more efficiently by excluding our current users from certain promotional messages, to identifying the source of a new installation, to delivering ads to you on other websites. Unlike Cookies, which are stored on the device, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).
“Flash Cookies” are local shared objects, which help us to prevent fraud and protect the security of our Site, Game, and users, and to remember your in-Game preferences and speed up load times.
Please note that companies delivering advertisements in the Game or on our Site may also use cookies or other technologies, and those practices are subject to their own policies.
4. How We Use the Information We Collect
In general, we collect, store and use your information to provide you with a customized experience. For example, we may use information collected from you in any one or more of the following ways:
We use your personal information to fulfill a contract with you and provide you with our Services, to comply with our legal obligation, protect your vital interest, or as may be required for the public good. This includes:
We use your personal information to pursue our legitimate interests where your rights and freedoms do not outweigh these interests. We have implemented controls to balance our interests with your rights. This includes:
With your consent, we may use your personal information:
If you have provided your e-mail address to us (e.g., via a customer support request), we may use it to respond to (i) customer support inquiries, and (ii) keep you informed of your in-Game activity, including comments from friends and notifications about in-Game status. With your consent, we may also send promotional e-mail messages (“Promotional Communications”) directly or in partnership with parties other than surviv.io. Each Promotional Communication will generally offer recipients choices about withdrawing consent so you no longer recieve additional messages.
5. Sharing of Your Information
We may share your information (in some cases personal information) with third parties in the following circumstances:
5.1 Third Party Service Providers
We provide your information to third party companies to perform certain services, including but not limited to payment processing, data analysis, e-mail delivery, hosting services, customer service and to assist us in our marketing efforts. We direct all such third party service providers to maintain the confidentiality of the information disclosed to them and to not use your information for any purpose other than to provide services on surviv.io’s behalf. Specifically, we rely on Google Analytics to provide aggregate player data and game performance statistics. We also work in partnership with Adinplay to deliver advertising to you through our Site and Game. Please do not hesitate to review the policies of each company if you have any questions.
5.2 Advertising of Third Party Products and Services
We do not actively share the personal information we collect directly and for our own purposes with third party advertisers for their direct marketing purposes unless you give us your consent. We may share (i) aggregated information (information about you and other users collectively, but not specifically identifiable to you); (ii) anonymous information; and (iii) certain technical information (including IP Addresses and mobile device IDs) to develop and deliver targeted advertising for our Game on the websites of third parties.
We may also allow advertisers to collect these types of information within the Game and they may share it with us. Advertisers may collect this information through the use of tracking technologies like browser cookies and web beacons.
We may disclose aggregated and anonymous information to describe the Services to prospective partners, advertisers, and other third parties, and for other lawful purposes. We may use aggregate, non-personally identifiable information for our own internal promotion or marketing purposes and we may share such aggregate non-personally identifiable information with others for marketing purposes.
In certain instances, you may need to opt in or opt out of advertising directly through your mobile device or computer, or via the advertising partner directly.
5.3 Safety, Security and Compliance with Law
Your information may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations; (iii) where we believe that the Games are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of surviv.io, including to enforce our Terms of Service.
5.4 Sale or Merger
In the event that surviv.io undergoes a business transition, such as a merger, acquisition by another company, change of control, or sale of all or a portion of its assets, we may transfer all of your information, including personal information, to the successor organization in such transition.
6. Our Policies Concerning Children
Our Services are intended for a general audience and are not intended for Children. We do not knowingly collect personal information from users deemed to be children under their respective national laws. If we learn that we have collected PII of any child we will take steps to delete such information from our files as soon as possible. We urge parents to instruct their children to never give out their real names, addresses or phone numbers without permission. We recognize a special obligation to protect personal information obtained from young children.
Should you wish to have your child’s personal information deleted from our records, please contact us at [email protected]. We will be happy to remove your child’s information as appropriate.
7. How to Control Your Information
Under the EU General Data Protection Regulation, individuals residing in the EU and other territories that have adopted GDPR compliance or comparable regulation have a right to:
You may send an e-mail to [email protected] with your request to exercise any of the rights identified above. Place the reason for your request (e.g. “Delete my Data” or “Correct my Data”) in the subject line and include your first name, last name, and e-mail address in the body of the e-mail. We will respond to your request within thirty (30) days. Please note that certain records, for example those pertaining to payments or customer service matters, will be retained for legal and accounting purposes. If you have sent or posted content through the Services, we may not be able to delete it. Accounts created with surviv.io are considered active until we receive a user request to delete them or deactivate them.
You can stop use of your geo-location (for example through “check-ins”) by visiting your device’s settings for the relevant application or the “settings” page for the relevant Game. You can also stop checking in via the Game.
Please note that requests to restrict processing or delete your data may require the termination of your user account if we require the information subject to the deletion request to maintain your user account or otherwise provide gameplay services to you.
8. Opt Out Options
8.1 Opting out of Promotional Communications
You can choose to opt out of receiving additional promotional e-mails from surviv.io by clicking on the “unsubscribe” link in any such e-mail, or visiting the e-mail preference page. Please note that once we receive your request, it may take an additional period of time for your opt-out to become effective. Your unsubscribe or e-mail preference change will be processed promptly, usually within 10 business days.
8.2 Opting Out of Ad Tracking
You can opt out of the collection and use of your information for ad targeting by going to http://www.aboutads.info/choices or http://www.youronlinechoices.eu/ to limit collection through the Site or by configuring the settings on your mobile device to limit ad tracking through the Game.
8.3 Opting Out of Other Communications
When you install our Game on your mobile device you may have the opportunity to choose to receive push notifications. You can turn off push notifications by visiting the “options” or “settings” menu of your device.
Note that if you opt-out of our Promotional Communications or other forms of communication, we may still e-mail or communicate with you from time to time if we need to provide you with information for other legitimate non-marketing reasons.
9. Security of Your Information
It is important that you protect and maintain the security of your Account and that you immediately notify us of any unauthorized use of your Account. While we take certain precautions against possible security breaches of our Services, no website or Internet transmission is completely secure, and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Although we strive to protect your personal data, we cannot guarantee the security of your data while it is being transmitted through our Services; any transmission is at your own risk. Once we have received your information, we have procedures and security features in place to try to prevent unauthorized access.
10. Changes to Our Privacy Policy
Any information that is collected via our Services is covered by the Privacy Policy in effect at the time such information is collected. If we decide to make material changes to our Privacy Policy, we will notify you and other users by placing a notice on surviv.io.com or by sending you a notice to the e-mail address we have on file for you, and we’ll update the “Last Updated Date” above to indicate when those changes will become effective. We may supplement this process by placing notices in the Game and on the Site. You should periodically check www.surviv.io.com and this privacy page for updates.
11. Sharing Your Information for Direct Marketing Purposes
We do not share personal information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure, typically by “opting in” to receive information from a third party that is participating in a sweepstakes or other promotion through our Services. If you do ask us to share your personal information with a third party for its marketing purposes, we will only share information in connection with that specific promotion, as we do not share information with any third party (other than our service providers) on a continual basis. To prevent disclosure of your personal information for use in direct marketing by a third party, do not opt in to such use when you provide personal information through our Services.
12. Links to Other Sites
Our Services may contain links to websites and services that are owned or operated by third parties (each, a “Third-party Service”). Any information that you provide on or to a Third-party Service or that is collected by a Third-party Service is provided directly to the owner or operator of the Third-party Service and is subject to the owner’s or operator’s privacy policy. We’re not responsible for the content, privacy or security practices and policies of any Third-party Service. To protect your information we recommend that you carefully review the privacy policies of all Third-party Services that you access.
13. California Residents: Responding to Do Not Track Signals
In September 2013, California enacted amendments to the California Online Privacy Protection Act (California Business & Professions Code §§22575-22579) which require operators of websites to disclose how they respond to “do not track” (DNT) signals from browsers used by consumers or other mechanisms that provide consumers a choice regarding the collection of personally identifiable information about the consumer’s online activities over time and across different websites or online services. While some newer browsers have incorporated “Do Not Track” features which, when turned on, send a signal or preference to the web sites you visit indicating that you do not wish your online activity to be tracked, a DNT protocol that can be implemented across multiple devices and sites has not yet been widely adopted. Currently, our computer system does not support, and cannot act on DNT signal headers that we may receive; accordingly, the choices that we provide you concerning out collection and use of personally identifiable information will continue to operate as described in this policy.
14. International Transfer
Your personal information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your personal information to us, we may transfer your personal information to the United States and process it there.
15. Contact Us
If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please send an e-mail to
149 New Montgomery St,
4th Floor Suite #321
San Francisco, CA 94105
1-800-678-2319
PRIVACY DISCLOSURES FOR CALIFORNIA RESIDENTS
If you reside in California, please review the following to be aware of our information collection practices and your rights under the California Consumer Privacy Act of 2018.
In addition to the details provided in Section 4 of our Privacy Policy, we collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
Category | Examples | Collected | Reason for Collection (specifically identify business purpose if for business purpose) | Is Information “Sold” to 3rd Pty? |
Identifiers | A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. | Yes | IP Address and Username: to maintain account data and match histories; Browser and device properties and identifiers, tracking cookies: to maintain and improve services, develop new services, fraud detection and prevention, personalized advertising | Yes |
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. | No | ||
Protected classification characteristics under California or federal law. | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). | No | ||
Commercial information. | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | No | ||
Biometric information. | Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. | No | ||
Internet or other similar network activity. | Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. | No | ||
Geolocation data. | Physical location or movements. | Yes | Whatever is identified by the Public IP Address provided by the ISP. | No |
Sensory data. | Audio, electronic, visual, thermal, olfactory, or similar information. | No | ||
Professional or employment-related information. | Current or past job history or performance evaluations. | No | ||
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). | Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | No | ||
Inferences drawn from other personal information. | Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | No |
Personal information does not include:
We obtain the categories of personal information listed above from the following categories of sources:
All such Personal Information is used as otherwise described in Section 5 of our Privacy Policy.
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we have disclosed or otherwise sold the following categories of personal information for a legitimate business purpose: Identifiers in the form of browser and device properties and identifiers, and tracking cookies. This information was collected through our Game through our advertising partner AdinPlay. For more information, please visit Adinplay’s privacy policy.
We disclose your personal information for a business purpose to the following categories of third parties:
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
Except as provided above, we do not sell your data. However, if we do sell your personal information for a business purpose, we will also disclose to you:
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by phone or mail. Our contact information is available under Section 15 of this Privacy Policy.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: