Cricking LLC ("Cricking") owns and maintains a fan engagement website located at www.cricking.com (the "Website") and a related mobile application, including the Cricking social prediction mobile app (the "App"), which include the trademark CRICKING ®, the Cricking logo, and all of the design, text, images, audio, codes, graphics, data, literature, information, other files, and the selection and arrangement thereof, and other material they contain or provide (collectively, the "Content") and all of the features, contests, and other services they provide. The Website, the App, and any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by Cricking are referred to collectively as the "Services."
2. Cricking's Right to Personal Data from Users and Use of the Services
You acknowledge and agree that Cricking has the right to collect, process, use, and store Personal Data belonging to you. Cricking has the right to obtain such Personal Data directly from you either when you provide it to Cricking or automatically when you use the Services.
You further acknowledge and agree that, when you download, register with, access, or use the Services, Cricking has the right to ask that you provide Personal Data. If you do not wish to provide such Personal Data, then you must not download, register with, access, or use the Services.
3. Cricking's Right to Personal Data from Other Sources
You acknowledge and agree that Cricking has the right to collect, process, use, and store your Personal Data obtained through other sources and combine such Personal Data with the Personal Data that Cricking collects, processes, uses, and stores through the Services. For example, if you log into any of the Services using a third party website or platform such as Facebook or Google, then Cricking has the right to collect, process, use, and store Personal Data about you from such website or platform, such as your screen name, profile information, and friend lists, in accordance with the authorization procedures determined by such third party website or platform. You further acknowledge and agree that Cricking also has the right to collect, process, use, and store your Personal Data from app stores when you download or update the App.
4. Purposes of Cricking's Use of Personal Data
You acknowledge and agree that Cricking has the right to collect, process, use, and store your Personal Data for various purposes, including, without limitation, the following purposes:
1. registering you as a user, administering your account(s), and providing you with Cricking's products and services.
2. delivering interest-based advertising based upon your browsing of the Services.
3. sending you service related communications, including, without limitation, sending you newsletters, updates, advertisements, offers, promotions, and information to enter into sweepstakes relating to Cricking's brands and services, alerting you to new features, special events, products, and services, or certain third-party products or services in which Cricking thinks you will be interested, or special promotions from Cricking's trusted partners, in each case in accordance with your email preferences.
4. anticipating and resolving problems related to the Services, analyzing or improving the Services, personalizing your use of the Services, personalizing the way Content is presented to you, creating new features, promotions, functionality, products, and services, and informing you of any changes to the Services.
5. seeking your feedback or contacting you in relation to the products and services offered through the Services, and processing and responding to your enquiries, requests, submissions, and feedback.
6. managing Cricking's email suppression list.
7. filtering spam and other inappropriate content from the Services, blocking disruptive users, and protecting the safety of users.
8. sending push notifications, facilitating communications between users, displaying information on the Leaderboard, sending invitations to join a league, playing head to head match ups, and the like.
9. managing Cricking's competitions (including publishing the names of winners where required).
10. publishing through the Services and social media channels any information that you may have submitted as part of a contest or during an interaction with Cricking's social media channels (such as, for example, reviews about Cricking that are posted on Cricking's Facebook page).
11. providing such Personal Data to vendors, consultants, and other service providers who require access to such Personal Data to carry out activities on behalf of Cricking.
12. removing, if need be, all the personally identifiable information and use the rest for historical, statistical, or scientific purposes.
14. responding to subpoenas, court orders, or legal process, or establishing or exercising Cricking's legal rights or defending against legal claims.
15. protecting and defending the rights or property of Cricking or the users.
16.if Cricking is involved in a merger, acquisition, sale, bankruptcy, insolvency, reorganization, receivership, assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, or other change of control, disclosing your Personal Data to another entity related to such event (including transferring your Personal Data to any such entity)
17. satisfying Cricking's own legitimate business purposes and needs, including, without limitation, any reporting or research purposes Cricking may have.
5. Disclosure of Personal Data by Users and Cricking
Cricking provides platforms for discussion forums or other interactive areas ("Interactive Platforms") through the Services. You acknowledge and agree that any Personal Data that is disclosed on these Interactive Platforms is public information and that you will exercise abundant caution if you decide to disclose any Personal Data on these Interactive Platforms. Any content, whether copyrightable or not, posted by any user, will be public and viewable by all.
You further acknowledge and agree that you are aware that any Personal Data that you submit through the Services may be read, collected, copied, used, reproduced, or exploited by other users of the Services, including anonymous visitors, and Cricking will in no way be held liable for misuse of such Personal Data by third parties. Additionally, Cricking cannot amend or delete any Personal Data that you share via the Services on any social network or third party platform that is under the control of such social network or third party platform.
1. if applicable, with subsidiaries, affiliates, agents, vendors, consultants, and other service providers who require access to such Personal Data in order to carry out activities on behalf of Cricking, including for the processing of payments;
2. where you have provided your consent, with selected third parties for their commercial or marketing use in conjunction with your relationship with Cricking or as part of a specific program or feature;
3. with other users to display Personal Data on the Leaderboard, to send invitation requests to join a league, to play head to head match ups, and the like;
4. in response to a request for Personal Data if Cricking believes that disclosure is in accordance with any applicable law, regulation, or legal process;
5. in order to publish on the Services and social media channels any information that you may have submitted as part of a contest or during an interaction with Cricking's social media channels (such as, for example, reviews about Cricking posted on Cricking's Facebook page);
6. if Cricking believes that disclosure is appropriate or necessary to enforce or report violations of Cricking's Terms of Service, take precautions against liability or harm, to investigate and respond to third-party claims or allegations, to respond to a court orders or official requests, to protect the security or integrity of the Services, and to protect the rights, property, or safety of Cricking, its users, or others; and
7. if Cricking is involved in a merger, acquisition, sale, bankruptcy, insolvency, reorganization, receivership, assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, or other change of control. Cricking also may share your Personal Data in other situations with your consent.
6. Links to Third Party Websites
Links to third party websites on through the Services are provided solely as a convenience. If these links are used, the user will leave the Services. Cricking has not reviewed all of these third party websites and does not control and is not responsible for any of these websites or their content. Thus, Cricking does not endorse or make any representations about them, or any information, software, or other products or materials or services found there, or any results that may be obtained from using them. Any access to third party websites linked to the Services is done entirely at the user's own risk. It is your responsibility to review the privacy policies and other policies of such third party websites to confirm that you understand and agree with them. Furthermore, you acknowledge and agree that, before using the Services or the name Cricking on any third party page, website, index, reference or display of information relating to Cricking or the Services, proper accreditation and prior consent must be received from the concerned authorities. Failing to do so shall be considered a violation and may attract legal actions.
7. Third Party Collection of Personal Data
When you access or use the Services, certain third parties may use automatic information collection or tracking technologies to collect information about you or your device. These third parties include, without limitation, licensors, advertisers, ad networks, ad servers, your mobile device manufacturer, internet service providers, and your mobile service provider.
These third parties may use information collection or tracking technologies to collect information about you when you use the Services. The information that they collect may be associated with your Personal Data, or they may collect information, including Personal Data, about your online activities over time and across different websites, apps, and other online platforms. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
You acknowledge and agree that Cricking has no control over these third parties' information collection or tracking technologies, how they may be used, and over whom they may be used. You understand that, if you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly and should not contact Cricking.
8. Cricking's Retention of Personal Data
You acknowledge and agree that Cricking has the right to retain your Personal Data as long as necessary to fulfil the purposes for which it was collected or as needed to provide you with the Services.
Device Information : Cricking collects device information that you use to access the Services such as your unique device identifier, device token, mobile network information, geolocation, and time zone.
Log File Information : When you use the Services, Cricking's servers may automatically record your use of the Services, including the type of version of the mobile OS, the browser you use, access times, your device ID, your IP address, and certain general information that Cricking's servers send whenever a message is sent or received.
Clear GIFs Information : When you use the Services, Cricking may employ technology such as "clear GIFs" (a.k.a. Web Beacons), which are used to track the online usage patterns of users. In addition, Cricking may also use clear GIFs in HTML-based emails sent to users to track which emails are opened by specific users.
Usage Information : When you use the Services, Cricking collects information including your game progress, virtual coins earned, levels crossed, achievements, and interaction with other players, any purchases you make with the virtual coins, and any in-app purchases you may make.
10. Protecting your Personal Data
Cricking is committed to protecting the security of your Personal Data and values the importance of protecting your Personal Data, maintaining appropriate safeguards to preserve the integrity and security of your Personal Data, and protecting your Personal Data against accidental or unlawful destruction or loss, alteration, or unauthorized disclosure or access. Whilst neither Cricking, nor any other organization, can guarantee the security of Personal Data processed online, Cricking does have appropriate security measures in place to protect your Personal Data. For example, Cricking stores your Personal Data on computer systems with limited access that are located in facilities to which access is limited. Cricking uses a variety of other security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. Cricking uses the same level of safeguarding measures to protect your Personal Data as other similar game developers that host their data in the cloud.
Cricking may post a notice through the Services if a security breach occurs. To further protect your privacy and security, Cricking reserves the right to take reasonable steps (such as requesting your password) to verify your identity before granting you profile access or making corrections.
You acknowledge and agree that Cricking cannot guarantee that any information that you transmit through the Services when accessed over internet (WiFi) network or cellular network will not be accessed, disclosed, altered, or destroyed by a breach of any of Cricking's safeguards. You further acknowledge and agree that you will take utmost care when connecting to free public WiFi connections, that you understand that such connections may not be completely secure, and that use of any such connections at your own risk.
If you reside in California, you may request certain general information regarding Cricking's disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please write to us at the following address: Cricking LLC 2348 Sutton Lane Aurora, IL 60502
11. Cricking's Storage of Personal Data
Cricking's service is hosted in the United States. You acknowledge and agree that, if you access the Services from the European Union, Asia, or any other region with personal data collection, use, and disclosure laws or regulations that differ from the U.S. laws and regulations, then, through your continued use of the Services, you are bringing your Personal Data under the jurisdiction of the United States, and you hereby expressly consent to such jurisdiction and agree to be governed by U.S. law for these purposes.
12. Updating Personal Data
You can access and update certain personal information Cricking holds about you at any time by logging into your account. You can update your marketing preferences and whether or not you would like Cricking to send you newsletters in your account. You can also unsubscribe to marketing emails and newsletters by using the 'unsubscribe' feature in the communication.
You can also contact Cricking anytime at email@example.com to modify, correct, or remove information to keep your Personal Data accurate and up-to-date.
13. Children's Privacy
Protecting the privacy of every minor is especially important to Cricking. The Services are not structured to attract children that are below the minimum age for permissible use of the Services as set by their respective jurisdictions. Accordingly, Cricking does not knowingly collect Personal Data from children that Cricking knows to be under the legal minimum age requirement as set by their respective jurisdictions. If Cricking becomes aware that it has collected or received Personal Data from a minor without verification of parental consent, then Cricking will delete such Personal Data.
If you are not at or above the minimum age requirement in your jurisdiction to open an account and to use the Services in any way, then you must not do so, and you must not provide Cricking with information relating to you or to others. Please seek the guidance of your parent or guardian before using the Services. If you are the parent or guardian of a child who is not at or above the minimum age requirement in the child's jurisdiction to open an account and to use the Services in any way, and you become aware that your child has provided us with Personal Data without your consent, please immediately contact us at firstname.lastname@example.org