Night and Day Studios, Incorporated (“NDS”) has adopted this privacy policy (“Privacy Policy”) to explain how NDS collects, stores, and uses the information collected in connection with NDS’s products, services and websites including, but not limited to NDS’s Peekaboo Barn and its sequels, Warner Bros. Stickerbooks, and NDS's online applications (together “Services”).

We take your privacy, and the safety of your children and family, very seriously. Should you have any questions relating to this Privacy Policy, please contact us at privacy[at]nightanddaystudios.com.

BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY AND GIVE AN EXPLICIT AND INFORMED CONSENT TO THE PROCESSING, USE AND DISCLOSURE OF YOUR PERSONAL DATA IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT INSTALL, USE, REGISTER TO OR OTHERWISE ACCESS THE SERVICES.

NDS reserves the right to modify this Privacy Policy at reasonable times, so please review it frequently. Your continued use of Services will signify your acceptance of the changes to this Privacy Policy.

 

1. Non-personal data

For purposes of this Privacy Policy, “non-personal data” means information that does not directly identify you. Additionally, non-personal data means “aggregate” and “de-personalized” information, which is data NDS collects about the use of NDS Services, from which any personally identifiable data has been removed.

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NDS may use tools or third party analytical software to automatically collect and use certain non-personal data that does NOT directly enable NDS to identify you. The types of non-personal data NDS may collect and use include, but are not limited to: (i) device properties, including, but not limited to IP address, Media Access Control (“MAC”) address and unique device identifier or other persistent or non-persistent device identifier ("Device ID"); (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data such as zip code, area code and coarse location; (v) game progress, time used playing, score and achievements; (vi) other non-personal data as reasonably required by NDS to enhance the Services and other NDS products and services.

NDS may use and disclose to NDS’s partners and contractors the collected non-personal data for purposes of analyzing usage of the Services, managing and providing the Services and to further develop the Services and other NDS services and products.

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You recognize and agree that the analytics companies utilized by NDS may combine the information collected with other information they have independently collected from other services or products relating to your activities. These companies (such as Google) collect and use information under their own privacy policies.

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NDS may supplement your personal and non-personal data with data received from third parties in connection with demographic, market and other analytics surveys or services.

 

2. Ad Serving Technology

While NDS does not advertise products directly to children, nor make purchasing decisions available to children, NDS reserves the right to use and disclose the collected non-personal data for purposes of advertisement to adults by NDS or NDS’s partners and contractors. NDS may employ third party ad-serving technologies that use certain methods to collect information as a result of ad serving through Services. NDS or third parties operating the ad-serving technology may use demographic and location information as well as information logged from your hardware or device to ensure that appropriate advertising is presented within the Service. NDS or third parties may collect and use data for this purpose including, but not limited to IP address (including but not limited to for purposes of determining your coarse location), Device ID, MAC, software, applications, hardware, browser information, internet and on-line usage information and in-game information. The foregoing data may be used and disclosed in accordance with this Privacy Policy and the privacy policy of the company providing the ad serving technology.

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You recognize and agree that the advertising companies who deliver ads for NDS may combine the information collected with other information they have independently collected from other services or products. These companies collect and use information under their own privacy policies. These ad serving technologies are integrated into Services; if you do not want to be subject to this technology, do not use or access Services. Although NDS takes commercially reasonable steps to instruct such advertising companies to comply with the terms and conditions of this Privacy Policy, NDS does not have access to or control of third party technologies.

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NDS may display to you behaviorally targeted advertising. If you wish to "opt out" of certain targeted advertising, please visit www.youradchoices.com and/or www.networkadvertising.org. Please note that the links above may not reach all NDS’s advertising partners and certain behaviorally targeted advertising may still be displayed to you. If you want to be certain that no behaviorally targeted advertisements are not displayed to you, please do not use or access the Services. Additionally please note that if you “opt out” it does not mean that you will no longer receive advertising. It just means that the advertising you see displayed will not be customized to you and your interests and may be less relevant to you.

 

3. Location Data

To the extent NDS makes location-enabled Services available and you use such Services, NDS may collect and process your location data to provide location-related Services and advertisements. For example, some add-ons or offers may be available at dedicated locations. NDS may use various technologies to determine location, such as GPS, Wi-Fi or other network-based data such as IP address. Your GPS geo-location is NOT accessed without your consent. Notwithstanding NDS’s partners who are providing location related parts of the Service, NDS will not share your GPS geo-location with third parties without your consent. To the extent NDS makes available GPS geo-location to third parties in accordance with this Privacy Policy, it will be provided anonymously. Please note that NDS may share your anonymous coarse location with its partners.

 

4. Personal Data

For purposes of this Privacy Policy, “personal data” means personally identifiable information that specifically identifies you as an adult individual. We do NOT collect personal data on children.

Likely situations when you make personal data available to NDS include, but are not limited to: (i) non-child registration for Services, contests and special events; (ii) accessing Services using a third party ID, such as non-child social networking sites or gaming services; (iii) adults subscribing to newsletters; (iv) adults purchasing a product or services through NDS’s online stores; (v) adults using “tell a friend,” "email this page," or other similar features; (vi) adults requesting technical support; and (vii) otherwise through use of non-child NDS Services where personal data is required for use and/or participation.

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The types of personal data may vary depending on the type of activity you are engaged in. The personal data NDS may collect, process and use about adults may include, but are not limited to your name, screen/nick name, NDS Services’ or third party service ID, e-mail address, phone number, photo or other image, birthdate, sex, address, friend connections, avatar image, credit card information, shipping information; and location (only if directly identifiable to you, otherwise NDS treats location as non-personal data). We will only collect this data when we tell you that we are, and with your consent.

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If you choose to use NDS’s "tell a friend" or a similar service about NDS Services or order a gift certificate for your friend, NDS may store your friend's name and contact details that you provide to NDS.

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NDS may use non-child personal and non-personal data, both individually and combined together, for purposes of analyzing usage of the Services, providing customer and technical support, managing and providing Services (including managing advertisement serving), customizing NDS’s communications and to further develop the Services and other NDS services and products. NDS may combine non-personal data with personal data.

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If you opt in, NDS may use your non-child personal data to send messages to you with informative and/or commercial content about NDS’s services or third party products and services NDS thinks may be of interest to you, such as new features and services, special offers and updated information.

Please note that certain features of the Services may be able to connect to your non-child social networking sites to obtain additional information about you. In such cases, NDS may be able to collect certain information from your social networking profile when your social networking site permits it, and when you consent to allow your social networking site to make that information available to NDS. This information may include, but is not limited to, your name, profile picture, gender, user ID, email address, your country, your language, your time zone, the organizations and links on your profile page, the names and profile pictures of your social networking site “friends” and other information you have included in your social networking site profile. NDS may associate and/or combine as well as use information collected by NDS and/or obtained through such social networking sites in accordance with this Privacy Policy.

 

5. Disclosure and Transfer of Personal Data

We do not collect, disclose, or transfer personal data on children. Non-child personal data may be disclosed in accordance with applicable legislation and this Privacy Policy. Additionally, NDS may disclose non-child personal data to its parent companies and its subsidiaries in accordance with this Privacy Policy. NDS may hire agents and contractors to collect and process non-child personal data on NDS’s behalf and in such cases such agents and contractors will be instructed to comply with our Privacy Policy and to use personal data only for the purposes for which the third party has been engaged by NDS. These agents and contractors may not use your personal data for their own marketing purposes. NDS may use third party service providers such as credit card processors, e-mail service providers, shipping agents, data analyzers and business intelligence providers. NDS has the right to share your personal data as necessary for the aforementioned third parties to provide their services for NDS. NDS is not liable for the acts and omissions of these third parties, except as provided by mandatory law. NDS may disclose your personal data to third parties as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or NDS to legal liability. NDS may also disclose your personal data to third parties when NDS has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with NDS’s rights, property, operations, users or others who may be harmed or may suffer loss or damage, or NDS believes that such disclosure is necessary to protect NDS’s rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on NDS. To the extent permitted by applicable law, NDS will make reasonable efforts to notify you of such disclosure through NDS’s website or in another reasonable manner.

 

6. Data Retention and Correctness

NDS retains the data collected pursuant to this Privacy Policy for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Thereafter if the collected data is no longer needed for purposes specified in this Privacy Policy, NDS deletes all aforementioned data in its possession within a reasonable timeframe. NDS does not verify the correctness of personal data.

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Irrespective of the above, NDS may still retain some of the data to the extent such retention is necessary to resolve disputes, enforce NDS user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of Services.

 

7. Cookies, beacons and tracking

The Services may use “cookies” and other technologies such as pixel tags, locally shared objects, clear GIFs and web beacons. NDS treats information collected by cookies and similar technologies as non-personal data.

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Cookies: A “cookie” is a small bit of record-keeping information that websites often store on a user's computer. NDS’s cookies do not include personal data and are typically used to quickly identify your device and to “remember” you. You can disable cookies or set your browser to alert you when cookies are being sent to your device; however, disabling cookies may affect your ability to use the Services.

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Flash cookies & HTML5: NDS may also use Flash cookies (locally shared objects) and HTML5 storage (locally stored objects). Locally shared objects are small files similar to browser cookies and are used to remember your settings to personalize the look and feel of the Services. Locally shared objects only collect data in the aggregate. You may prevent locally shared objects from being placed by disabling locally stored objects in your browser or visit www.adobe.com. Locally stored objects, such as HTML5 Web Storage, are used for similar purposes as cookies but typically may contain a greater amount and different types of data than browser cookies.

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Web Beacons and pixel tags: A “web beacon” or a “pixel tag” is an electronic image that allows NDS to count users who have visited certain pages or viewed certain advertisements. Web beacons, like cookies, do not include personal data. E-mails and other electronic communications NDS sends to you may contain pixel tags that enable NDS to track your non-child usage of the communication, including whether the communication was opened and/or what links were followed, if any.

 

8. Third Party Terms and Conditions

Please note that your access to and use of the Services may be subject to certain third party terms and conditions and privacy policies, including but not limited to application stores, map data providers, mobile software platforms, on-line gaming platforms, social networking services and payment providers. You recognize and agree that NDS is not liable for any such third party terms and conditions and their use of your personal data.

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NDS may in its discretion make available links through advertisements or otherwise enable you to access third party products or services. Please note that, while using such products or services, you are using products or services developed and administered by people or companies not affiliated with or controlled by NDS. NDS is not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them, or any products or services they may offer. The fact that NDS is linking to those products or services does not constitute our sponsorship of, or affiliation with, those people or companies.

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NDS may from time to time make available NDS’s partners’ services, such as sweepstakes or polls and such services may require you to disclose non-child personal data in order to register for and access such services. Such services will reasonably identify the partners at the point of where you are required to disclose personal data. If you at that point choose to disclose your non-child personal data, such personal data may be transferred directly or via NDS to such third parties and will be subject to the privacy policy and practices of such third parties. NDS is not responsible for the privacy practices and policies of such third parties and, therefore, you should review the privacy practices and policies of such third parties prior disclosing any personal data in relation to such services.

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Please note that certain Services that NDS may offer, such as multiplayer gaming, social networking and gaming console services, may use third party services to provide authentication for the Services with a gaming console ID, social networking ID or gaming network account. When you register to join or use the Services from a third-party gaming or social networking system, certain personally identifiable user and/or membership data may be transferred automatically to and from NDS and you hereby consent to the processing, using, combining, disclosing and retaining of such data in accordance with this Privacy Policy by NDS.

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9. Safeguards

NDS works to ensure that all of its apps for children and families are compliant with the Child Online Privacy Protection Act. NDS follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity and privacy of the information in NDS’s possession. Only those persons with a need to process your personal data in connection with the fulfillment of their tasks in accordance with the purposes of this Privacy Policy and for the purposes of performing technical maintenance, have access to your personal data in NDS’s possession. Personal data collected by NDS is stored in secure operating environments that are not available to the public. To prevent unauthorized on-line access to personal data, NDS maintains personal data behind a firewall-protected server. However, no system can be 100% secure and there is the possibility that despite NDS’s reasonable efforts, there could be unauthorized access to your personal data. By using the Services, you assume this risk.

 

10. Other

Please be aware of the open nature of certain social networking and other open features of the Services NDS may make available to you. You may choose to disclose data about yourself in the course of contributing user generated content to the Services. Any data that you disclose in any of these forums, blogs, chats or the like is public information, and there is no expectation of privacy or confidentiality. NDS is not responsible for any personal data you choose to make public in any of these forums.

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If you are under 13 years of age or a minor in your country of residence, please ask your legal guardian’s permission to use or access the Services. NDS encourages parents and/or guardians to play an active role in their children's online experience at all times. NDS does not knowingly collect any personal information from children under 13 years of age and if NDS learns that NDS has inadvertently gathered personal data from children under 13 years of age, NDS will take reasonable measures to promptly erase such personal data from NDS’s records.

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NDS may store and/or transfer your personal data to its affiliates and partners in and outside of EU/EEA member states and the United States in accordance with mandatory legislation and this Privacy Policy. NDS may disclose your personal data to third parties in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of NDS’s stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process provided, however, that this Privacy Policy shall continue to govern such personal data.

 

11. Further information

Any and all use of your personal data by NDS is governed by State of Oregon law and not the laws where you may be located.

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Should you wish opt-out from receiving communications (such as newsletters or offers) from NDS, please contact unsubscribe[at]nightandaystudios.com.

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NDS makes good faith efforts to enable you to review, update or correct your personal data in NDS’s possession. In order to do so, please contact NDS at privacy[a]nightanddaystudios.com. NDS will need sufficient information from you to establish your identity and to verify your access request, and also to assist us in handling your request. Please note that even if personal data is changed or deleted according to your request, NDS may still retain some of your personal data to resolve disputes, enforce NDS user agreement(s), and comply with technical and legal requirements and constraints related to the security, integrity and operation of NDS Services.

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NDS regularly reviews its compliance with this Privacy Policy. If NDS receives a formal written complaint from you, NDS will attempt to contact you directly to address any of your concerns. NDS will cooperate with the appropriate governmental authorities, including data protection authorities, to resolve any complaints regarding the collection, use, transfer or disclosure of personal data that cannot be amicably resolved between you and NDS. Any dispute, controversy or claim arising out of or relating to this Privacy Policy or the breach, termination or validity thereof shall be finally settled at NDS's discretion.

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YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST NDS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

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This privacy policy is subject to change at any time.

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