Privacy Policy

This Privacy Policy governs the manner in which Media Speed Tech, LLC., a Delaware corporation (“GameStreamer”) collects, uses, maintains and discloses information collected from users (“you,” “your” or “User”) of the web site containing this Privacy Policy (the “Web Site”). GameStreamer reserves the right, at its discretion, to change, modify, add or remove portions of this Privacy Policy at any time by posting such changes to this page. You understand that you have the affirmative obligation to check this Privacy Policy periodically for changes, and you hereby agree to periodically review this Privacy Policy for such changes. The continued use of the Web Site following the posting of changes to this Privacy Policy constitutes an acceptance of those changes. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Terms of Use posted on the Web SIte.

Privacy

GameStreamer is committed to safeguarding the information you entrust to GameStreamer and believes that every User should know how it utilizes the information collected from Users. While the terms contained throughout this Privacy Policy apply to users of the Web Site in general, a separate children’s section below discusses GameStreamer’s information practices relating to children under the age of 13 as they differ from our general practices. Please note that the Web Site may contain links to other web sites, and the Web Site allows Users to download or otherwise access Content (including software), controlled by third parties. GameStreamer is not responsible for the privacy practices of these or any other web sites or Content controlled by third parties, and you access and utilize such Content and web sites entirely at your own risk. GameStreamer recommends that you review the privacy and other practices governing any other web sites that you choose to visit and any Content you wish to download or otherwise access.

GameStreamer is based, and this web site is hosted, in the United States of America. GameStreamer also operates servers in and hosts the web site in other countries. If you are from the European Union, Canada or other regions of the world with laws governing data collection and use that may differ from U.S. law and you are registering an account on the Web Site, visiting the Web Site, purchasing products or services from GameStreamer or the Web Site, or otherwise using the Web Site, please note that any personally identifiable information that you provide to GameStreamer may be transferred to or utilized by GameStreamer or its affiliates in the United States. Any such personally identifiable information provided may be processed and stored in the United States by GameStreamer or a service provider acting on its behalf. By providing your personally identifiable information, you hereby specifically and expressly consent to such transfer and processing and the uses and disclosures set forth herein and under the section entitled “Safe Harbor Provisions”.

The Information GameStreamer Collects

Users browsing the Web Site without registering an account or affirmatively providing personally identifiable information to GameStreamer do so anonymously. Otherwise, Users may provide and GameStreamer may collect personally identifiable information from Users in a variety of ways. Personally identifiable information may include, without limitation, (i) contact data (such as a User’s name, mailing and e-mail addresses); (ii) demographic data (such as a User’s zip code, age and income); (iii) financial information collected to process Orders and purchases made from GameStreamer via the Web Site or otherwise (such as credit card, debit card or other payment information); and (iv) other information requested during the account registration process or during other use of the Web Site or products downlded from the Web Site. If you communicate with GameStreamer by e-mail or otherwise, post User Content to the Web Site, post messages to any forums, complete online forms, surveys or entries, provide information outside of the account registration process, or otherwise interact with or uses the features on the Web Site, any information you provide may be collected by GameStreamer.

GameStreamer may also collect information about how Users use the Web Site, for example, by tracking the number of unique views received by the pages of the Web Site, or the domains and IP addresses from which Users originate. While not all of the information that GameStreamer collects from Users is personally identifiable, it may be associated with personally identifiable information that Users provide GameStreamer through the Web Site or otherwise. Additionally, certain information regarding your computer systems, network locations, IP address and software may be communicated to GameStreamer in certain circumstances by the digital rights management systems associated with certain Content that you download or access via the Web Site in order to prevent unauthorized use or distribution of the associated Content. Non-personally identifiable information collected by GameStreamer (such as patterns of utilization) is exclusively owned by GameStreamer and may be used as it sees fit in accordance with applicable law.

Cookies

Like most web sites, the Web Site uses cookies and web log files to track site usage. A cookie is a tiny data file that resides on your computer that allows GameStreamer to recognize you as a User when you return to the Web Site using the same computer and web browser. Like the information you enter during account registration, cookie and log file data is used to customize your experience on the Web Site. One type of cookie, known as a “persistent” cookie, is set once you have logged in to your Web Site account. The next time you visit our Web Site, the persistent cookie will allow us to recognize you as an existing User so you will not need to log in before using the Web Site. In order to access or change any of your private information, you must log in with your password even if your computer contains your persistent cookie. Additionally, if you log out of the Web Site you will need to re-enter your password the next time you visit in order to log in to your account. Another type of cookie, called a “session” cookie, is used to identify a particular visit to the Web Site. Session cookies expire after a short time or when you close your web browser. You can choose to disable cookies on your browser or allow your browser to notify you when a cookie is being sent, however this may prevent you from utilizing certain features of the Web Site.

IP Addresses

Due to the communications standards on the Internet, we automatically receive the uniform resource locator (URL) of the web site from which you came and the web site to which you proceed once you leave the Web Site. We also receive the IP address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, as well as the name of your Internet service provider (ISP). This information is used to analyze overall trends to help us improve the Web Site. The linkage between your IP address and your personally identifiable information is shared with third parties in accordance with this Privacy Policy.

Web Beacons and Ad Networks

We may allow other companies, called ad networks, to serve advertisements to Users via the Web Site. Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms. GameStreamer may “target” some ads to Users that fit a certain general profile. To deliver these ads properly, the Web Site may include a file, called a web beacon, from these ad networks within pages served by the Web Site so the networks may provide anonymous, aggregated auditing, research and reporting for advertisers as well as to target ads to you while you visit other web sites. These general targets may also be used by ad networks to display targeted ads on other web sites as a substitute for random, irrelevant ads. In addition, the Web Site may use the technology of ad networks to serve ads only when you visit this Web Site. Ad networks may use non-personal information, such as your state or zip code, in order to provide advertisements about goods and services that may be of particular interest to you while you visit this Web Site. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site.

How GameStreamer Uses Information

GameStreamer may use personally identifiable information collected through the Web Site for the specific purposes for which the information was collected, to process Orders made via the Web Site, to contact Users regarding Content, products and services offered by GameStreamer, and otherwise to enhance Users’ experience with GameStreamer and such affiliates, independent contractors and business partners. GameStreamer may also use information collected through the Web Site for research regarding the effectiveness of the Web Site and the business planning, marketing, advertising and sales efforts of GameStreamer, its trusted affiliates, independent contractors and business partners. Information collected from you may also be used to ensure compliance with certain terms and conditions and agreements entered between you and GameStreamer as well as to prevent unauthorized use or disclosure of Content downloaded or otherwise accessed via the Web Site.

GameStreamer will communicate with you through email and notices posted on this Web Site. These may include a series of welcome emails which help inform new Users about various features of the Web Site, emails and confirmations regarding actions taken by you on the Web Site or Orders placed by you through the Web Site, and notices relating to the proper functioning of the Web Site or your account.

GameStreamer may use your personal information to send you promotional information relating to the Content, products and services offered by third parties that GameStreamer feels may be of interest to you. When we first collect information about you, we will offer you the opportunity to opt-out of having your personal information shared with parties outside of GameStreamer or its subsidiaries or affiliates (except to the extent required by law, court order, or as requested by other government or law enforcement authority). In addition, if you do not want GameStreamer to send you e-mail or postal mail about our products and services, you can opt out at the time of registration or information collection by changing your account preferences. If, at a later date, you no longer wish to receive our newsletter and marketing communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication, visiting the site in which you provided your information and changing your preferences, or by contacting GameStreamer as indicated below.

The personal information you provide will allow us to alert you to new developments, new products, features and enhancements; special offers; upgrade opportunities; and surveys, contests and events of interest. You may opt out if you do not wish GameStreamer to share your personal information with companies and organizations that provide products or services that we believe may be of interest to you. For example, we may share your personal information with a game developer or sponsor of our service on our site – we see this as a value-added service helping you to find useful products or services. We strive to limit use of the information you provide to those offers that we think you would appreciate receiving. To opt out of further communications from a marketing partner or sponsor with whom your information has been shared, please contact that partner directly. You may also later opt out of this service from GameStreamer. See the “opt-out” section below. We may send GameStreamer emails that may contain information regarding third-party products or services; however, this doesn’t mean that we’ve traded your personal information to any party.

We may use survey information in marketing surveys to select and direct advertising that is more likely to be of interest to a particular member.

Disclosure of Information

GameStreamer may disclose personally identifiable information collected from Users to its parent, subsidiary and other related companies, trusted affiliates, independent contractors and business partners who will use the information for the purposes outlined above, as necessary to provide the services offered by the Web Site and the Web Site itself, and for the specific purposes for which the information was collected. GameStreamer may disclose personally identifiable information at the request of law enforcement or governmental agencies or in response to subpoenas, court orders or other legal process, to establish, protect or exercise GameStreamer’s legal or other rights, to defend against a legal claim or as otherwise allowed by law. GameStreamer may disclose personally identifiable information in order to protect the rights, property or safety of a User or any other person. GameStreamer may disclose personally identifiable information to investigate or prevent a violation by User of any contractual or other relationship with GameStreamer or the perpetration of any illegal or harmful activity. GameStreamer may also disclose aggregate, anonymous data based on information collected from Users to Content developers, investors, advertisers and potential partners. Finally, GameStreamer may disclose or transfer personally identifiable information collected from Users in connection with or in contemplation of a sale of its assets or business or a merger, consolidation or other reorganization of its business.

Please note that if you choose to download or otherwise access any Content offered via the Web Site, your use of such Content is subject to the separate terms and conditions and privacy policies of the owner of such Content. These policies may be substantially different from those of GameStreamer. You should carefully read any such policies before utilizing such Content.

Personal Information Provided as Part of User Content

If a User includes such User’s personally identifiable information as part of the User Content that such User posts to the Web Site, such information may be made available to any parties using the Web Site and/or such User Content. GameStreamer does not edit or otherwise remove such information from User Content before it is posted on the Web Site. If a User does not wish to have such User’s personally identifiable information made available in this manner, such User must remove any such information from the User Content before posting. User contact information (which may include, without limitation, a User’s username and email address) may be included with any User Content that a User posts via the Web Site. GameStreamer is not liable for any damages caused or incurred due to personally identifiable information made available in the foregoing manners.

Security of Information

Information about Users that is maintained on GameStreamer’s systems is protected using industry standard security measures. In order to secure your personal information, access to your data is password-protected, and sensitive data is protected by SSL encryption when it is exchanged between your web browser and the Web Site. However, no security measures are perfect or impenetrable, and GameStreamer cannot guarantee that the information submitted to, maintained on or transmitted from its systems will be completely secure. GameStreamer is not responsible for the circumvention of any privacy settings or security measures contained on the Web Site by any Users or third parties.

Safe Harbor Provisions

GameStreamer follows the Safe Harbor Principles published by the U.S. Department of Commerce (“Safe Harbor Principles”). In instances where it is applicable, if there is any conflict between the policies in this statement and the Safe Harbor Principles, the Safe Harbor Principles will govern. This Privacy Policy outlines our general policy and practices for implementing the Safe Harbor Principles, including the types of information we gather, how we use it, and the choices affected individuals have regarding our use of, and their ability to correct, that information. If and when GameStreamer transfers personal information to data processors to perform processing tasks on our behalf and under our instructions, we require these data processors either: (i) to subscribe to the EU Safe Harbor Principles, the EU Data Protection Directive, or another adequacy finding; or (ii) to enter into a written agreement with GameStreamer requiring them to provide the same level of protection that we provide. GameStreamer takes your security seriously and takes reasonable steps to protect your information. To prevent unauthorized access or disclosure, maintain data accuracy, and ensure the appropriate use and confidentiality of information, either for its own purposes or on behalf of our clients, GameStreamer takes reasonable precautions (including physical, electronic, and managerial procedures), including password protections for online information systems and restricted access to personal data processed, to safeguard and secure the information we process from loss, misuse and unauthorized access, disclosure, alteration and destruction. However, we cannot guarantee the security of information on or transmitted via the Internet.

Correcting, Updating, Accessing or Removing Personal Information

If your personally identifiable information changes, or if you no longer desire to receive non-account specific information from GameStreamer, GameStreamer will endeavor to provide a way to correct, update and/or remove your previously provided personal data. This can be done by emailing a request to GameStreamer at info@gamestreamer.net. Additionally, you may request access to the personally identifiable information as collected by GameStreamer by sending a request to GameStreamer as set forth above. Please note that in certain circumstances, GameStreamer may not be able to completely remove your information from its systems. For example, GameStreamer may retain your personal information for legitimate business purposes, if it may be necessary to prevent fraud or future abuse, for account recovery purposes, if required by law or as retained in our data backup systems or cached or archived pages. All retained personally identifiable information will continue to be subject to the terms of the Privacy Policy to which you have previously agreed.

Opting-Out of Disclosures of Personal Information

You always have the option to opt-out of having your personally identifiable information disclosed by GameStreamer to third parties that are not agents or service providers of GameStreamer. If you would like to opt-out of such further disclosures, please contact GameStreamer at 941-870-9500 or 240 N. Washington Blvd Suite 200, Sarasota, FL 34236. Please note that, even if you so opt-out, your personally identifiable information may still be disclosed to third parties to the extent that you affirmatively provide it to third parties (e.g., by posting it as part of the User Content).

Enforcement and Dispute Resolution

GameStreamer utilizes the self-assessment approach to ensure compliance with the Safe Harbor Principles, and periodically verifies that the Privacy Policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented, and in conformity with the Safe Harbor Principles. GameStreamer encourages interested persons to raise any concerns with us using the contact information below. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this policy. You may contact Hartini Mitchel at the GameStreamer offices in Sarasota, FL in order to register complaints, access requests or any other issues arising under the Safe Harbor Principles or this Privacy Policy.

The U.S. Federal Trade Commission has been empowered to investigate complaints and to obtain redress for individuals in case of the GameStreamer’s non-compliance with the Safe Harbor Principles.

Any other controversy or claim arising out of or relating to any issues arising under the Safe Harbor Principles, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable commercial rules as well as the Safe Harbor Enforcement Principle; provided, further, that any arbitrator shall be either an attorney or retired judge having significant and recognized experience with and knowledge of privacy issues and information technology. In addition, the exclusive location for such arbitration shall be Chicago, Illinois. All decisions of the arbitration panel shall be final and binding on the parties, which waive any right to further appeal the arbitration award, to the extent an appeal may be lawfully waived.

Verification

GameStreamer conducts an annual self-assessment in order to verify that this Privacy Policy and compliance under the Safe Harbor Principles to ensure that personal information is published and utilized by GameStreamer in a manner that conforms to the Safe Harbor Principles.

Contacting GameStreamer

If you have any questions or comments about this Privacy Policy, you may contact GameStreamer via any of the following methods:

Media Speed Tech, LLC
240 N. Washington Blvd. Suite 200
Sarasota, FL 34236
Toll Free: (877) 865-2011
Fax: (877) 482-9585
Info@gamestreamer.net

Special Provisions Regarding Children Under the Age of 13

This section explains provisions in addition to those stated above that govern and explain in greater detail the manner in which GameStreamer collects, use and discloses personal information collected from children under the age of 13 (each, a “Child” and collectively, “Children”) who utilize the Web Site. The Children’s Online Privacy Protection Act (“COPPA”) requires that GameStreamer inform parents and legal guardians of Children (each, a “Parent”) about how GameStreamer collects, uses and discloses personal information collected from Children. COPPA additionally requires that GameStreamer obtain the consent of Parents before GameStreamer collects such personal information from Children. GameStreamer encourages Parents to become involved with and monitor their Child’s online activities and to discuss online safety with their Child.

Personal Information Collected from Children Via the Web Site

Children can visit and browse the Web Site generally without GameStreamer collecting any personal information about such Children. GameStreamer does not collect personal information from a Child online unless such Child registers an account on the Web Site. Please note that GameStreamer may receive certain personal information about a Child offline; however, the Child must still access the Web Site to register an account before he or she may use the features of the Web Site and disclose personal information to GameStreamer online.

During the account registration process, in order to determine whether COPPA applies, GameStreamer asks that any user registering account provide certain basic information during the account registration process. GameStreamer collects the user’s birth date to determine if the user is a Child. If GameStreamer determines that the user is a Child, GameStreamer will collect the following information directly from the Child in order to provide notice to the Child’s Parent: the Child’s account name and password and the Parent’s email address. This information will be used to contact the Parent to obtain consent as described below in the section entitled “How Does GameStreamer Notify and Obtain Consent From Parents?” Once consent is received from the Parent, GameStreamer will collect the following information directly from the Child during the account registration process: the Child’s first and last name, a username and password, home mailing address, email address, and telephone number.

Additionally, GameStreamer uses cookies, web beacons and ad networks to passively track how all Users, including Children, use the Web Site and collect information related to such use. GameStreamer also passively collects IP addresses regarding its Users, including Children. GameStreamer’s practices relating to these passive tracking features are explained above under the heading “The Information GameStreamer Collects.” This information is not personal information or personally identifiable, however it may become so if a Child registers on the Web Site or otherwise provides personal information in a manner set forth above. Other information that does not personally identify Children individually is collected by GameStreamer from the Web Site (such as patterns of utilization of the Web Site and other information that is de-identified).

Please note that GameStreamer cannot condition a Child’s participation in an activity on such Child disclosing more information than is reasonably necessary to participate in such activity.

How GameStreamer Uses Personal Information Collected from Children

GameStreamer may use personally identifiable information collected from a Child for the following purposes: (i) to provide the services available on the Web Site and the Web Site itself (including to administer the Child’s account); (ii) to provide the specific services for which the information was provided or collected and to offer personalized features via the Web Site; (iii) to process purchases of products or services offered via the Web Site; (iv) to deliver messages and other communications from GameStreamer; (v) to provide customer service and respond to questions regarding the Web Site; (vi) to contact users regarding features, products and services offered by GameStreamer; and (vii) otherwise to enhance users’ experience with GameStreamer, all in accordance with the section entitled “How GameStreamer Uses Information.” GameStreamer may also use information collected through the Web Site for research regarding the effectiveness of the Web Site and the business planning, marketing, advertising and sales efforts of GameStreamer.

How and to Whom GameStreamer Discloses Information About Children

GameStreamer currently does not disclose to third parties personally identifiable information collected from Children, except to third parties engaged by GameStreamer specifically to handle, deliver and provide certain aspects of the Web Site or its operations (e.g., third parties engaged to host and operate the Web Site, to provide customer service functions, or to provide order fulfillment services) and other parties specifically allowed by COPPA or other law (e.g., law enforcement and governmental agencies, to respond to judicial process, to protect against GameStreamer’s liability, or to protect the security or integrity of the Web Site). Such third parties have access to personal information only to the extent necessary to perform the specific functions for which they are engaged or allowed by law, but are not allowed to use it for any other purpose either pursuant their agreements with GameStreamer or allowed by law as the case may be.

Parents may consent to GameStreamer’s collection and internal use of their Child’s personal information while refusing to allow GameStreamer to disclose the personal information of their Child to third parties (except as set forth above).

Review of the Information Collected from a Child

A Parent may at any time refuse to permit collection by GameStreamer of personal information from such Parent’s Child. Additionally, a Parent may at any time request that GameStreamer delete any personal information about such Parent’s Child that GameStreamer has collected. GameStreamer may continue to retain certain aggregated, non-personally-identifiable data. Finally, a Parent may review the specific personal information that GameStreamer has collected about such Parent’s Child at any time. A Parent may request any of the foregoing by contacting info@gamestreamer.net

How Does GameStreamer Notify and Obtain Consent from Parents?

Before collecting personal information from a Child (with the exception of the limited personal information allowed under COPPA to contact a Parent for consent), GameStreamer will send an email (a “Consent Email”) to the email address of a Parent provided by the Child. The Consent Email will contain a hyperlink to this Privacy Policy and request that the Parent provide consent to GameStreamer. Only after consent is received will GameStreamer collect personal information about a Child and allow the Child to register an account. If GameStreamer does not receive consent within a reasonable period of time after sending the Consent Email, GameStreamer will delete the limited personal information collected from the Child in order to send the Consent Email. Additionally, once GameStreamer receives a response to the Consent Email granting GameStreamer consent, GameStreamer will follow up by sending a second email to the Parent confirming the receipt of consent within a few days of GameStreamer’s receipt of the Parent’s consent.

How Will GameStreamer Notify Parents in the Event of Material Changes to This Privacy Policy?

GameStreamer reserves the right to modify or amend this Privacy Policy from time to time in its discretion. In the event that GameStreamer materially modifies or amends any of the provisions in this Privacy Policy that govern the manner in which it collects, uses or discloses a Child’s personal information, GameStreamer will provide notice to the Parent of such Child utilizing the contact information for the Parent that GameStreamer has in its records. Each Parent should ensure that GameStreamer has such Parent’s current email address. GameStreamer will apply material changes to this Privacy Policy in conformance with COPPA and other applicable law, including any provisions thereof requiring consent from a Parent. A current version of the Privacy Policy will always be posted on the Web Site.

If you have any questions about the terms contained herein, please contact GameStreamer via any of the methods set forth above under “Contacting GameStreamer.”