Privacy Policy

PRIVACY POLICY

Last Updated: 3/25/2022

Please click here for California Consumer Rights.

Please click here for European GDPR.

Tastemakers, LLC  d/b/a Arcade1Up (“Arcade1Up”) recognizes your privacy is very important, so we appreciate you taking the time to read our privacy policy. Throughout the site, the terms “we”, “us” and “our” refer to Arcade1Up This policy is designed to help you understand the types of information that we collect, how we use and share the information, and how the information is protected. 

This policy applies to all  Arcade1Up services that directly reference or relate to this policy, but does not apply to  Arcade1Up services that have separate privacy policies that do not incorporate this policy. 

Below is our policy. We are looking after your personal data that you share with us. Arcade1Up wants you to be confident that your data is safe with us, and that you understand how we use it.  

Please be advised that we will inform you about material updates of this policy by email and/or on this website. 

CATEGORIES OF INFORMATION WE COLLECT 

• Information that you give to us

When you purchase products from us or register for and use our services such as online gameplay, or provide warranty information, we collect this information. This data may include information like your name, email address, phone number, country of residence, time zone, game and place of purchase. To the extent you voluntarily opt to receive text messages, we receive and store the information you provide, including your telephone number or when you read a text message.

• Information about your device

For services such as online gameplay via a Arcade1Up product, we may collect specific information about your device, and across your devices, such as the product’s model, serial number, operating system, device settings, device performance, device and advertising identifiers, Internet service provider, IP address and other unique personal or online identifiers. If you or your device experiences an error, we collect information about the error, the time the error occurred, the application or features being used, the state of the application when the error occurred, and any communications or content provided at the time the error occurred. 

• Information about your use of our services

 We collect information about your use of and interaction with our services, such as online gameplay. This could include information about your gameplay, your online status, your service use history, your connections and interactions with other users, the content you share, the date and time of your visit, information about the links you click, pages you view, advertising you interact with within our services, inferences used to create a profile about preferences and characteristics, standard server log information, and other information about how you use our services. 

• Your content

With your consent, we may collect and process information about your precise location. When we have this information, we may use it to tailor our services for you and others, like helping you establish relationships with other Arcade1Up users or telling your existing friends that you are nearby.

• Your purchases

Some of our hardware and services allow you to make purchases. If you use any of our services to make a purchase, we may collect information about the purchase. This could include payment information, such as your credit card number, a 3^rd party processor, account authentication information, and contact information like your billing and shipping address. 

• Information from other sources

We may also receive information about you from other sources, including from users of our services, entities that sell information, and third-party services and organizations. For example, if you access any social media or similar services through our services to login or to share information about your experience on our services with others, we may collect information from these third-party services. 

• Aggregated and deidentified information

We may aggregate or de-identify the information described above. Aggregated or de-identified information is not subject to this policy. 

HOW WE USE YOUR INFORMATION 

The information you provide to us and the information we collect is used to deliver, maintain and improve our services, including troubleshooting, data analytics, testing, research, statistical and survey purposes. We also use this information to provide you with services that you request, develop new services, suggest personally relevant features, offer you customized content, allow you to participate in interactive features of our services, manage accounts, provide you with tailored advertising, send you promotional materials from us or our affiliates and trusted business partners, keep our services, business and users safe and secure, comply with applicable laws and regulations, and to protect or exercise our legal rights or defend against legal claims. 

Whenever you contact us, we use the information that you provide to us to help resolve issues you might be having when you use our services. We also use information, such as your email address or phone number, to respond to you when you contact us, to let you know about changes to our policies and terms, and to let you know about changes or improvements to our services and to inform you about other services that we offer. 

We may use cookies, or similar technologies, such as tags and pixels on some of the features of our services. Cookies are small files that are typically downloaded to the browser application on your device. Cookies help us to ensure the safety and smooth functioning of certain features of our services and they also help us to collect information about your user preferences. We sometimes use information collected from cookies to improve your user experience and the quality of our services. For example, by saving your user preferences, we may be able to customize our services in ways that you prefer. You may be able to disable cookies in your browser settings or set your browser to alert you when cookies are being used. If you disable the cookies, you may not be able to use all of the features of our services. Some web browsers may transmit "do not track" signals. We currently do not take action in response to these signals.  The website uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

We use certain third-party partners that collect information when you purchase from us or use some of our services. These third-parties use cookies, web beacons, software development kits (SDKs), and similar technologies to collect and analyze crash reports, keep track of what content or ads you view, how long you spend on different pages, how you arrived on a particular page and how you respond to the ads we show you. These third parties may combine the information they collect from our services with other information they collect from other sites and services.  The practices of our third-party partners are governed by their own privacy policies. The third-parties with whom we work include, but are not limited to, those partners listed on the page linked below. Some of these third-parties may give users choices about how they collect and use your information. 

We also may permit our third-party partners to set cookies and use web beacons, SDKs, and similar technologies within our services to help us perform various internal functions necessary to operate our business and to collect information about your use of our and others’ services across your devices. These third-parties may use that information to provide you advertisements, across different sites, services and devices, about goods and services that may be of interest to you. Some of these third-parties may offer you a way to opt-out of this type of targeted advertising through industry choice mechanisms.  

Arcade1Up does not, and will not sell your personal information to third parties. However, we do permit third-parties to collect certain personal information, as described above, through some of our services and share personal information with third parties for business purposes as described in this policy, including but not limited to providing advertising on our services and elsewhere based on users’ online activities over time and across different sites, services, and devices. The information practices of these third parties are not covered by this privacy policy.

You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more,  these messages may use information automatically collected based on your actions while on our website and may prompt messaging such as cart abandon messages. 

HOW YOUR INFORMATION IS SHARED 

We sometimes share your information within our family of  Arcade1Up companies and with trusted third-party partners outside of  Arcade1Upfor processing. We may also share your information for other legal and business purposes, such as complying with legal process, responding to claims or inquiries, enforcing our terms, or protecting the rights, property or personal safety of our operations, our users, or the public. Your information may also be shared as part of any sale or transfer of company assets, if legally permitted.

If you choose to connect with a third-party service through our services, we may share your information with that service and that service may share your information with us. The use of your information, and the use of cookies, web beacons, or other technologies, by these third-party providers is subject to their own privacy policies.

Some of our services may allow you to share information and content with others. When you decide to use these services, the information or content that you share, your online status, and your gameplay information may be visible to  Arcade1Up and its trusted business partners, other  Arcade1Up users, and in some cases the public. Please keep in mind, when you use these services, that the information and content that you choose to share can be read, collected, or used by others. You are fully responsible for the information and content that you choose to share in these instances.

All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, excluding aggregators and providers of the Text Message services.

• Authorized third-party service providers

We share your information with third-party service providers that provide services to us for a variety of business purposes, such as payment processing, customer service, shipping services, email deployment, advertising and marketing (including counting ad impressions, verifying positioning and quality of ad impressions, ensuring compliance with industry standards and specifications, ad delivery, reporting, personalization, audience segmentation, and analytics), security and performance monitoring, maintaining or servicing accounts, processing or fulfilling orders and transactions, information hosting, auditing, and information processing. 

When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or home address. We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout

• Corporate affiliates

We sometimes share your information within our family of  Arcade1Up companies. 

• Legal purposes

We may share your information to comply with legal processes or regulations, respond to claims or inquiries, enforce our terms, or protect and defend the rights, property or personal safety of our operations, our users, or the public.

• Business transfers

We may share your information as part of a substantial corporate transaction, such as a sale or transfer of company assets, a merger, consolidation, or as otherwise legally permitted. 

• Other users and the public

Some of our services allow you to share information and content with others or engage in public activities. When you decide to use these services, the information or content that you share, your nickname, your user icon, your online status, and your gameplay information may be visible to  Arcade1Up and its trusted business partners, other  Arcade1Up users, and in some cases the public. Please keep in mind, when you use these services, that the information and content that you choose to share can be read, collected, or used by others. You are fully responsible for the information and content that you choose to share in these instances. 

• When you access third-party services

If you access third-party services -- such as third-party online gaming services and social media services -- through our services, these third-party services may be able to collect information about you, including information about your activity on our services, and they may notify your connections to other third-party services about your use of our services, in accordance with their own privacy policies. 

• With your consent

We may share information for any other purposes disclosed to you at the time we collect the information or pursuant to your consent. 

• Automated Decision Tools

We use automated decision tools to process your order to prevent misuse and fraud when you purchase via our website. This may lead to a refusal of the transaction. If that should occur, please contact us at our customer service site. 

YOUR CONTROLS, CHOICES, AND RIGHTS TO OPT-OUT

We may offer you certain controls and choices regarding the information we collect, how the information is used, and how it is shared. These controls and choices may include the ability to update, correct or delete information that you have provided to us, or information that we have collected through your use of our services. They may also include the ability to opt-out of receiving notifications, promotions, offers or other advertising from us. Depending on your jurisdiction, you may have the right, in accordance with applicable law, to request access to, deletion, and portability of your information. 

We will not discriminate against you for exercising your rights and choices, although some of the functionality and features available on our services may change or no longer be available to you. 

HOW TO UNSUBSCRIBE FROM EMAIL COMMUNICATIONS

If at any time you choose not to receive emails from us and wish to unsubscribe from any future mailing you can unsubscribe. Please follow directions at the bottom of the email.    

HOW TO OPT OUT OF TEXT MESSAGES

If you have elected to receive text messages, you may opt out of receiving such text messages at any time by texting “STOP” to our text messages. For more information about text messages, see our Terms and Conditions.

INFORMATION RETENTION AND INFORMATION SECURITY 

Personal information will be retained only for so long as reasonably necessary for the purposes set out in this privacy policy, in accordance with applicable laws.  Arcade1Up has implemented administrative, physical and technical security measures that are designed to protect your information from loss, theft, misuse, unauthorized access, disclosure, alteration and destruction. You should understand though that, despite our efforts, no security is absolutely guaranteed as impenetrable. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information. 

PROTECTING CHILDREN’S INFORMATION

We do not knowingly collect, use or share personal information from children under the age of 13 years of age without verifiable parental consent or as permitted by law. Where a parent or legal guardian has provided consent, the child may be able to use his or her  Arcade1Up account to play certain third-party games and applications that are not published by  Arcade1Up. Parents or guardians may review, modify, or delete the child’s personal information, or withdraw consent, by contacting us using the contact information provided at the end of this policy, and may manage which third-party games and applications can access and use the child’s  Arcade1Up account information through your  Arcade1Up account profile settings. 

CHANGES AND UPDATES TO OUR POLICY 

Arcade1Up may update this privacy policy from time to time, and will note it with the "Last Updated" date above. If there are material changes in the way we collect, use, retain or share your personal information, we will notify you via email with the most recent address that you have provided us, or by posting notice of the changes on the services covered by this privacy policy. 

HOW TO CONTACT US 

For any questions, concerns or comments regarding this policy, or any of our privacy practices, please contact us at: 

Arcade1Up
Attn: Privacy Policy Administrator
51 NE 24th Street, Suite 202
Miami, FL 33137
USA

Information for California Residents

California Consumers’ Rights and Choices

If you are a California resident, California law permits you to request Information regarding the:

• Categories of Personal Information (as defined by applicable California law) collected, sold or disclosed by us;
• Purposes for which categories of Personal Information collected by us are used;
• Sources of information from which we collect Personal Information; and
• Specific pieces of Personal Information we have collected about you.

In addition, if you are a California resident you may:

• Opt-out of the sale or disclosure of your Personal Information, in some circumstances;
• Opt-out of receiving marketing communications from us; however, you may still receive administrative communications regarding the Services;
• Opt-in to certain financial incentive programs we may offer related to the collection, sale, or deletion of your Personal Information; and
• Request deletion of your Personal Information by us and our service providers, in some circumstances.

You will not be discriminated against for exercising your rights under the California Consumer Privacy Act. Our privacy policy can be found at: https://arcade1up.com/pages/privacy-policy.

Collection of Personal Information from California Residents

We have listed below the personal information we may have collected from California residents in the past 12 months.

Category of personal information we may collect: Identifiers

• Categories of sources from which we may obtain your “Identifiers” include: Directly from consumers
• The purposes for collecting your “Identifiers” include: For online gameplay.

Category of personal information we may collect: Internet/Electronic Activity

• Categories of sources from which we may obtain your “Internet/Electronic Activity” include: Directly from consumers
• The purposes for collecting your “Internet/Electronic Activity” include: For online gameplay and improving player experience.

Category of personal information we may collect: Geolocational Data

• Categories of sources from which we may obtain your “Geolocational Data” include: Directly from consumers
• The purposes for collecting your “Geolocational Data” include: To connect players with other local players, and future marketing initiatives.

Category of personal information we may collect: Inferences

• Categories of sources from which we may obtain your “Inferences” include: Directly from consumers
• The purposes for collecting your “Inferences” include: Marketing interaction.

Here is information on whether we sell or share your personal information.

• Categories of third parties we may sell your personal information to: We do not sell personal information to third parties.
• Categories of third parties we may otherwise share your personal information with: Advertising networks, Social networks.

Requests

You can make requests related to your California privacy rights HERE.

You may also make those requests by calling 212-967-5091.

Please be aware that we do not accept or process requests through other means (e.g., via fax, social media, email addresses, etc.).

When you make a request, we may ask you to provide verifying information, such as your name, email, or phone number. We will review the information provided and may request additio nal information via email or other means to ensure we are interacting with the correct individual. Please also be aware that making any such request does not ensure complete or comprehensive removal or deletion of Personal Information or content you may have posted, and there may be circumstances in which the law does not require or allow us to fulfill your request.

Children

Our Services are not directed to children, and we do not knowingly collect Personal Information from children under the age of 16. If you learn that a child has provided us with Personal Information, then you may contact us as indicated above.

Do Not Track

Arcade1Up does not currently take steps to respond to browsers’ “Do Not Track” signals as no uniform standard to respond to such signals has been developed at this time.

1. Personal Data We Collect

In this Policy, “Personal Data” means any information relating to an identified or identifiable individual. We may collect Personal Data about you from various sources described below.

Information Provided by You

• Account Information. If you create an account to use our Services, we collect Personal Data related to its creation and the usage of our Services via this account. When you sign up, you may provide us with your name, email address, password, mobile phone number, interests, and other account information.
• When you contact us via a contact form, email, or other means, you provide us with Personal Data, such as your name and contact details, and the content, date, and time of our communications.
• Support Information. When you request technical support services, we will process your Personal Data such as your name and the contact details you use to contact us, as well as information on the reasons for your support request, and any additional information you may provide in that context.
• If you apply for a job with us, you may provide us with your resume, name, contact details, and any other relevant information. If you become an employee, we collect additional information, such as your family information, beneficiary selections, banking information, and other relevant information for employment, payroll, and benefit purposes.

Where applicable, we may indicate whether and why you must provide us with your Personal Data as well as the consequences of failing to do so at the time the data is collected.

Information we Collect by Automated Means

• Social media. We may collect Personal Data via social media tools, widgets, or plug-ins to connect you to your social media accounts. These features may allow you to sign in through your social media account, share a link, or post directly to your social media account. When you visit a website that contains such tools or plugins, the social media or other service provider may learn of your visit. Your interactions with these tools are governed by the privacy policies of the corresponding social media platforms.
• We collect Personal Data via cookies and similar technologies (see section 3 of this Policy for more information).

2. How We Use Personal Data

We use the Personal Data we collect for the following purposes:

• Providing Services, including to operate, maintain, support, and provide our Services.
• Communicating with You, including to contact you for administrative purposes (e.g., to provide services and information that you request or to respond to comments and questions) or to send you marketing communications, including updates on promotions and events, relating to products and services offered by us.
• Personalization, including to customize our Services to you and provide you with the most relevant marketing and advertising materials.
• Analytics and Product Development, including to analyze usage trends and preferences in order to improve our Services, and to develop new products, services, and features.
• Customer and Vendor Relationship Management, including to track emails, phone calls, and other actions you have taken as our customer or vendor.
• We may aggregate or otherwise de-identify Personal Data and use the resulting information for statistical analysis.
• Administrative and Legal, such as to address administrative issues or to defend our legal rights and to comply with our legal obligations and internal policies.

3. Legal Basis for the Processing of Personal Data

We rely on a legal basis to process your Personal Data, including:

• You have consented to the use of your Personal Data, for example to send you electronic marketing communications or for the use of certain cookies.
• We need your Personal Data to provide you with our Services and to respond to your inquiries.
• Legal Obligation. We have a legal obligation to use your Personal Data, for example to comply with tax and accounting obligations.
• Legitimate Interest. We or a third party have a legitimate interest in using your Personal Data, for example for product development and analytics purposes. We only rely on this legal basis when our or a third party’s legitimate interests are not overridden by your rights and interests

4. How We Disclose Personal Data

We may disclose Personal Data about you in the following circumstances:

• Group Entities. We may disclose Personal Data about you to our affiliates and subsidiaries.
• Public Posts. Any information that you voluntarily choose to post to a publicly accessible area of our Services will be available to anyone who has access to that content.
• Service Providers. We work with third-party service providers to provide services such as hosting, maintenance, and support. These third parties may have access to or process your Personal Data as part of providing those services to us.
• We may disclose your Personal Data if we believe, in good faith, that this is appropriate (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
• Information about our users, including Personal Data, may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
• Aggregated Information. We may use and disclose aggregated or otherwise de-identified information for any purpose, unless we are prohibited from doing so under applicable law.

5. Your Rights and Choices

Unless otherwise provided under applicable law, you have the following rights:

• Access and Portability. You may ask us to provide you with a copy of the Personal Data we maintain about you, including a machine-readable copy of the Personal Data that you have directly provided to us, and request information about its processing.
• Rectification and Deletion. You may ask us to update and correct inaccuracies in your Personal Data or to have the information anonymized or deleted, as appropriate.
• Restriction and Objection. You may ask us to restrict the processing of your Personal Data or object to such processing.
• Consent Withdrawal. You may withdraw any consent you previously provided to us regarding the processing of your Personal Data at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before you withdrew your consent.
• You may lodge a complaint with a supervisory authority, including in your country of residence, place of work, or where an incident took place.

You may exercise these rights by contacting us using the contact details at the end of this Policy.

Note that there are exceptions and limitations to each of these rights, and that we may nevertheless retain Personal Data about you where we reasonably believe that we have a legitimate reason to do so.

6. International Data Transfers

We may transfer your Personal Data outside of Europe and, in particular, to US and other non-European countries, where the level of protection of Personal Data may be different than in your country. If we do so, we will comply with applicable data protection laws, in particular by relying on an EU Commission adequacy decision, on contractual protections for the transfer of your Personal Data, on Binding Corporate Rules, or on the EU-U.S. Privacy Shield framework. For more information about how we transfer Personal Data outside of Europe, or to obtain a copy of the contractual safeguards we use for such transfers, please contact us as specified below.

7. Data Security and Data Retention

We use physical, managerial, and technical safeguards that are designed to improve the integrity and security of Personal Data that we collect, maintain, and otherwise process.

We take measures to delete your Personal Data or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep it for a longer period. When determining the retention period, we take into account various criteria, such as the type of products or services provided to you, the nature and length of our relationship with you, mandatory retention periods and the statute of limitations.

8. Third-Party Services

Our Services may contain features or links to websites and services provided by third parties. Any information you provide via these websites or services is provided directly to these third-party operators and is subject to their privacy policies, even if accessed through our Services. We encourage you to learn about these third parties’ policies before providing them with your Personal Data.

9. Changes and Updates to this Policy

We may update this Policy from time to time to reflect changes in our privacy practices. If we modify this Policy, we will indicate the date of the latest revision above.

10. Our Contact Information

Tastemakers, LLC  d/b/aArcade1Up is the entity responsible for the processing of your Personal Data. If you have any questions or comments about this Policy, our privacy practices, or if you would like to exercise your rights with respect to your Personal Data, please contact us by email at customerservice@arcade1up.com.

Arcade1Up
Attn: Privacy Policy Administrator
51 NE 24th Street, Suite 202
Miami, FL 33137
USA