PRIVACY POLICY

 

Effective Date: March 5th 2021

 

This Privacy Policy applies to Original Fire Ltd. (“Original Fire”, “we”, “our” or “us”) services, including but not limited to Original Fire applications, our website, our game currently titled “Circuit Superstars” (the “Game”) and any other product or service that we choose to apply this Privacy Policy to (collectively, the “Service”), and details how we collect, use, and disclose data about our users, including you. 

 

BY CLICKING “I AGREE” OR SIMILAR CONFIRMATION OR BY USING THE SERVICE YOU ARE AGREEING TO THE TERMS OF THIS PRIVACY POLICY AS APPLICABLE IN YOUR JURISDICTION. 

 

AS ORIGNIAL FIRE IS A CANADIAN ENTITY, CONSENT IS REQUIRED BY LAW TO COLLECT ANY PERSONAL DATA FROM ITS USERS.  ORIGINAL FIRE RECOGNIZES THAT THIS CONSENT REQUIREMENT CONFLICTS WITH PRIVACY MODELS IN OTHER JURISDICTIONS, INCLUDING THE EU WHERE A DIFFERENT “LAWFUL BASIS” FOR THE COLLECTION OF PERSONAL DATA MAY APPLY.  THEREFORE, WHILE CONSENT WILL BE COLLECTED WHENEVER REQUIRED BY LAW, USERS ARE WARNED THAT EXERCISING THEIR CONSENT REVOCATION RIGHTS IN CERTAIN JURISDICTIONS, MAY IMPACT THE FEATURES OF THE SERVICE AVAILABLE TO YOU OR THE ESSENTIAL OPERATIONS OF THE SERVICE.

1.HOW WE OBTAIN YOUR DATA

 

The Service collects and processes personal data, which is information about you or that identifies you, as well as anonymous data, which does not identify you. 

 

We obtain your personal data directly from you or when you use the Service.  In certain circumstances, use of the Service may require you to submit personal data in order to create an account (an “Account”).  Your use of the Service is governed by our Terms of Use (“TOU”), which you must agree to in order to use the Service, and this Privacy Policy.  If you have any questions or concerns about the disclosure of your personal data, please contact us at your convenience using the contact information found below.

 

Subject to legal, contractual and technical requirements, you may choose not to provide Original Fire with certain data or request the deletion of certain data, which may impact the Service features available to you or essential operations of the Service.

2.PERSONAL DATA WE COLLECT

 

We collect personal data about you when you access the Service and while you play the Game.  The following is a description of the personal data that we collect, use and process in connection with the Service:

 

  • all user IDs associated with your Account, including but not limited to, Android identifiers, IOS identifiers, Google account identifiers, Steam IDs, PSN IDs, Switch IDs, Xbox Live IDs, Epic Games IDs, Facebook identifiers as well as any associated login credentials and data such as passwords (which in most cases are only collected by third parties and to which we do not have access and are not acting as a “processor” of data on behalf of Original Fire) (separate consent must be provided in these third-party situations);

 

  • date of Account creation, whether someone is a new user and your most recent log-in data;

 

  • your IP address and geo-location data (country or city specific as permitted by applicable law);

 

  • your email address, only if you choose to provide it when communicating with us;

 

  • details about the use of certain features, such as the length of time spent on certain game modes or the frequency of use of certain features, race course times, car movements (for ghost tracking), how many other players you interact with and which platform you use; and

 

  • information about your gaming platform, computer, phone, web-connected devices or other devices used to connect to the Service including but not limited to, operating system information, operations performed on the device, unique identifiers that may identify you over time and across different websites including unique device identifiers.

 

We also collect anonymous data that does not identify you, including but not limited to responses to anonymous feedback requests, metrics and other types of statistical data, which could be derived from use of the Service and analytical data concerning the Service.

3.PROCESSING OF YOUR PERSONAL DATA

 

We process your personal data primarily for our legitimate business purposes, such as providing the Service to you, to understand your needs and the needs of our users and to improve the quality of the Service and analyze the data we collect.  Specifically, these uses include but are not limited to:

 

  • displaying and delivering the Game and Game content through the Service;

 

  • interacting with other users through features of the Service;

 

  • authenticating users, maintaining and analyzing functionality of the Service, backing up data or testing and researching new features of the Service;

 

  • supporting the security and integrity of the Service and its users including but not limited to detecting and protecting Original Fire and other third-parties against error, fraud, theft and other illegal activity or for contractual, legal, regulatory or audit obligations;

 

  • investigating improper or suspicious activity; and

 

  • contacting you for various reasons including, but not limited to, user feedback requests or marketing purposes, if you previously consented to such contact.

 

We may disclose your personal data to our parent companies, affiliates, subsidiaries, employees and contractors for the same purposes described above.  If permitted by applicable law, we may also disclose your personal data to third-parties, who may be located in a foreign jurisdiction and subject to foreign laws (for residents located in jurisdictions with certain transfer restriction, please see region specific policies below – California (Section 11), EEA (Section 12).  The situations where we disclose your personal data to third-parties include, but are not limited to:

 

  • processing your information as described above as well as providing and enhancing the Service features;

 

  • tracking certain flags or triggers from the Service, such as when a user reaches a certain level or makes a special in-app purchase, to provide cleaner and more accurate advertising and marketing data;

 

  • providing customer support and feedback, analyzing the Service functionality and technical issues, tracking use of the Service and generating reports and data models that we use to improve the service;

 

  • providing customized, tailored and personalized advertisements to users of the Service; and

 

  • responding to a request from law enforcement or a government that has asserted its lawful authority to obtain the data or where Original Fire has reasonable grounds to believe the data could be useful in the investigation of unlawful activity, complying with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of data, complying with court rules regarding the production of records and data, defending our rights and the rights of others or providing information to our legal counsel.

 

4.THIRD-PARTY SERVICES

 

The Privacy Policy only applies to personal data that Original Fire collects, processes and discloses and does not apply to the collection, processing and disclosure of data by third parties, through third-party services, which may be broader than set forth in this Privacy Policy, and that may be embedded into the Service, such as user ID collection as described in Section above, unless such third-party is acting as a processor on behalf of Original Fire.  In many cases, third-parties may collect personal data about a user’s online activities over time and across different websites and services.  We strongly recommend that you read each third-party privacy policy carefully before using the Service.  Third-parties that may be embedded into Original Fire products may include: Google, Microsoft (including PlayFab), Steam, Epic Games, Sony and Nintendo. A full list of third-parties that we share your personal data with can be found here at: https://www.originalfiregames.com/privacypolicy. Please contact us directly using the information found below if you would like to learn more about third-party data practices.

 

5.COOKIES AND DIGITAL TRACKING TECHNOLOGIES

 

The Service uses tracking technologies, such as cookies, web beacons, java beacons and clear GIFs, to collect data about you, such as your IP address.  Based on this data, third-parties may be able to resolve your identity across multiple devices, for example, by matching your IP address, in order to target you based on your online behavior.  This data is collected, used and disclosed in accordance with the terms of this Privacy Policy and the applicable third-party privacy policies.  Certain features of the Service may rely on tracking technologies and by declining to accept cookies, disabling JavaScript or by changing certain settings on your device, you may not have access to these features.  You have the right to opt-in and opt-out of certain cookies that are not necessary for the operations of the Service, including third-party cookies and may do so here: https://www.originalfiregames.com/privacypolicy.

 
6.OBTAINING, RECTIFYING AND CONTROLLING YOUR PERSONAL DATA

 

You may contact Original Fire to obtain a copy of any personal data we have collected about you, the production of which may be subject to a fee as permitted by applicable law.  In addition, you may contact Original Fire to correct inaccurate personal data or to complete incomplete personal data.  

 

You may be able to opt-out of some or all of the ways in which your personal data is processed, or request the deletion of certain personal data, except where the personal data is necessary or vital:

 

  • for the performance of contractual obligations, such as the TOU;

 

  • to comply with our legal obligations;

 

  • to protect your interests or those of another person; and

 

  • for our legitimate interests or the legitimate interests of a third-party,

 

and may do so by removing personal data, if the Service permits such removal, by deleting your Account or by contacting us using the contact information found below.

7.DATA STORAGE, RETENTION AND TRANSFERS

 

While Original Fire is a Canadian company, the data you provide through the Service may be stored and processed by third parties in countries around the world.  You authorize Original Fire and third parties acting on our behalf to process your data in any country of their choosing, which may cause your data, including personal and anonymous data, to be subject to privacy protections and legal rights that may not be equivalent to those in your country. 

 

Original Fire complies with international personal data transfer laws in applicable jurisdictions.  For EU residents, Original Fire complies with Articles 44-49 of the European Union’s General Data Protection Regulation (the “GDPR”).  Currently, all transfers of personal data to Canada from residents of the EU are covered by an adequacy decision as described in Article 45 of the GDPR. 

 

Your personal data is retained until you request its deletion or until Original Fire no longer requires such data for the purpose for which it was collected or until required to be deleted by laws applicable in your jurisdiction. 

 

8.CHILDREN

 

Original Fire complies with the U.S. Children’s Online Privacy Protection Act and all other applicable laws and regulations concerning children and the Internet.  The Service is not directed to children under the age of 13 and we do not knowingly collect personal information from children under the age of 13.  If we learn that we inadvertently collected personal information from a child under the age of 13, we will delete that information as quickly as possible.  If you are a parent or guardian of a child who you believe provided Original Fire with personal information without your consent, please contact us at data@originalfiregames.com.

 

If you are a resident of the EEA below the age of consent in your country, Original Fire shall comply with applicable consent gathering standards required in your jurisdiction.

 

9.DO NOT TRACK DISCLOSURE

 

Do Not Track (“DNT”) is a web or device setting that allows users to request that receivers of personal data stop their tracking activities.  When you choose to turn on the DNT setting in your browser or device or use alternative consumer choice mechanisms, your browser or device sends a special signal to websites, analytics companies, advertising networks, plug in providers and other web services you encounter to stop tracking your activity.  Currently, there are no DNT technology standards and it is possible that there may never be any DNT technology standards.  As a result, we do not respond to DNT requests.

 

10.CALIFORNIA “SHINE THE LIGHT” RIGHT

 

If you are a California resident, California Civil Code 1798.83 grants you the right to request our disclosure of the categories of personal information we provided to third parties, and the names and addresses of these third parties, for direct marketing purposes during the preceding calendar year.  If you are a California resident and would like to make this request, please contact us using the contact information set forth below.

 

Please note that you may only make this request once per year.

 

11.YOUR CALIFORNIA PRIVACY RIGHTS

 

If you are a California resident, California Civil Code Section 1798.120 permits you to opt-out of the sale of your personal information to third parties.  Currently, Original Fire does not sell your personal information to third parties and as such no opt-out of the sale of such personal information is necessary.  Although Original Fire does not sell your personal information, Original Fire does provide a general opt-out right to all of our users as described in our Privacy Policy.  Furthermore, as Original Fire already complies with Canadian and EU privacy laws, the rights required to be provided by law to Californian residents are provide to all our users.  If you have any other questions about our privacy practices, please email us at data@originalfiregames.com.

 

12.EUROPEAN USERS AND RIGHTS OF EUROPEAN UNION RESIDENTS

 

Original Fire has a legitimate interest, as described in Article 6(1)(f) of the GDPR, in collecting your personal data as described in section 2 of this Privacy Policy for the purposes described in detail in section 3 of this Privacy Policy.  In addition, when you provide consent to the collection of your personal data, including to contact you using your email address or when providing us your contact information by linking your third-party Account to our Service, Original Fire may use this personal data including to contact and communicate with you using this information, pursuant to Article 6(1)(a) of the GDPR.

 

If you are a resident of the European Union, or if equivalent rights are applicable in your jurisdiction, you have certain rights in regards to your personal data.  These rights include:

 

  • A Right of Access.  You have the right to access your personal data that we hold about you free of charge in most circumstances;

 

  • A Right to Rectification.  If your personal data is inaccurate or incomplete, you can change the information you provided by changing the information yourself on your Account or by contacting Original Fire using the email listed below;

 

  • A Right to Erasure.  You have the right to obtain deletion of personal data concerning you in many cases.  Often you can just delete your information by yourself through your Account but you can also request the deletion by using the contact information found below.  Please be careful as the deletion of your data in this manner is permanent and may never be restored;

 

  • A Right to Object.  If the processing of your personal data is based on legitimate interests according to Article 6(1)(f) of the GDPR, you have the right to object to this processing in most cases.  If you object, we will no longer process your personal data unless there are compelling and prevailing legitimate grounds for the processing as described in Article 21 of the GDPR; in particular if the personal data is necessary for the establishment, exercise or defense of legal claims or in the case where the personal data is required for the provision of certain features of the Service and you still wish to use such features of the Service;

 

  • A Right to file a Complaint.  You have the right to file a complaint with the appropriate supervisory authority in your jurisdiction;

 

  • A Right to Restriction of Processing of your Personal Data.  You have the right to obtain restrictions on the processing of your personal data as described in Article 18 of the GDPR;

 

  • A Right to Personal Data Portability.  You have the right to receive your Personal Data in a structured, commonly used and machine-readable format and have the right to transmit such data to another controller under the conditions described in Article 20 of the GDPR. Although the personal data collected by Original Fire is not particularly useful to other companies as the data collected largely relates to your usage of the Service, Original Fire will comply will all requests for the portability of your personal data;

 

  • A Right to Post-Mortem Control of Your Personal Data.  If data protection legislation and related regulations in France are applicable to you, you have the right to establish guidelines for the preservation, the deletion and the transmission of your personal data after your death in accordance with Article 40-1 of the Act No. 78-17 of January 6, 1978 on Information, Technology, Data Files and Civil Liberties; and

 

  • A Right to Opt-out of Marketing Communications.  You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link on any marketing e-mails Original Fire sends you.  To opt-out of other forms of marketing, please contact us using the contact details provided below.

 

13.CHANGE OF OWNERSHIP OR BUSINESS TRANSITION

 

In the event of, or in preparation for, a change of ownership or control of Original Fire or a business transition such as the sale of Original Fire or the sale of some or all Original Fire’s assets, we may disclose and/or transfer your personal and anonymous data to third-parties who will have the right to continue to collect and use such data in the manner set forth in this Privacy Policy.

 
14.SECURITY

 

We are committed to ensuring that your data is secure.  To prevent unauthorized access, disclosure, or breach, we have put in place suitable physical, electronic, and administrative procedures to safeguard and secure the data we collect and process.

 

15.CONTACT PREFERENCES

 

We communicate with our users primarily through the Service itself, our online forums, Discord or Patreon, but we may sometimes collect the email address of some of our users in order to respond to support requests or comments.  If you have provided us with your email address and would like to change the email preferences we associate with you (for example, unsubscribing from receiving certain types of email) you may do so by clicking a link within certain types of emails that we send to you or, if no link is available, by replying with “unsubscribe” in the email title or body or by modifying your email settings within the Service.  On rare occasions, some types of email are necessary for the Service and cannot be unsubscribed from if you continue to use the Service.

 
16.UPDATES

 

Original Fire reserves the right, in its sole discretion, to modify the Privacy Policy at any time (“Updates”) and shall make Updates available on Original Fire’s website.  You are deemed to accept Updates by continuing to use the Service.  Unless Original Fire states otherwise, Updates are automatically effective 30 days after posting on Original Fire website.

 

17.CONTACT US

 

If you have requests, questions or comments about the Privacy Policy or our data collection in general, please contact our Data Protection Officer at data@originalfiregames.com or:

 

Privacy Support Team


privacy@originalfiregames.com