COSMIC FORCES, INC.

Last Revised December 3, 2015

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE.

Cosmic Forces, Inc., is a New Mexico corporation, with offices in New Mexico and California, which utilizes state-of-the-art technologies and computer-based animation skills to create 3-D animation, computer graphics, computer-generated imagery, special effects for motion pictures, television and electronic gaming, and programs and applications for mobile communications devices.  Cosmic Forces commercializes its products and services through marketing, advertising and communications over its Internet website.  In connection with such interactive communications, Cosmic Forces collects certain information from its customers, clientele and other users.  The company’s Privacy Policy, below, applies to the company’s practices in the collection, use, storage and further disclosures of such information.

PRIVACY POLICY

This “Site” (as defined herein) is operated by Cosmic Forces, Inc. (referred to herein as “Company”, “Cosmic Forces”, “us” or “we”). This privacy policy (“Privacy Policy”) applies to your use of our website located at http://cosmicforces.com and any other online and mobile websites, blogs and interactive applications operated by Cosmic Forces that are related to http://cosmicforces.com (collectively, the “Site”) (unless a different policy is provided on a particular site or application, in which case such different policy shall control). For purposes of this Privacy Policy, you will be referred to as a “User”. This Privacy Policy discloses what type of information is collected, the methods used to collect it, how Company utilizes the information to better serve all interested parties and the choices you have about the way your information is collected and used. Please read this Privacy Policy carefully. Your use of the Site indicates that you have read, accepted and unconditionally agreed to the Cosmic Forces privacy practices, as outlined in this Privacy Policy and any other applicable terms. For purposes of this Privacy Policy, personally identifiable information (“PII” or “personal information”) is personal information about an individual, such as a first and last name, phone number or email address or other individually identifiable information within the meaning of the Federal Trade Commission’s Online Privacy Protection Rule found at 16 CFR 312.2.   Every user hereby agrees that all information you provide, including but not limited to age, shall be truthful and correct.

 

Personal identification information

 We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information, social security number. Users may, however, visit our Site anonymously. We will collect PII from Users only if they voluntarily submit such information to us. Users can always refuse to supply PII, except that it may prevent them from engaging in certain Site related activities.

Children’s Apps for Ages 13 and Under

 Cosmic Forces cares very much about your privacy. This Site supports and complies with the Children’s Online Privacy Protection Act (“COPPA”) and other applicable laws. We are upfront about what our apps contain, so there are no hidden surprises.

No in-app purchases

No third-party advertising

No social media integration for children.

Social Media is integrated into a parent’s area which is protected by an age gate.

We recognize the importance of safeguarding the privacy of children and encourage parents to check and monitor their children’s use of online activities regularly. This Site supports and complies with the Children’s Online Privacy Protection Act (“COPPA”) and other applicable laws. No PII is purposefully or knowingly collected from children under the age of 13 by Company without parental consent. Our Site does not accept registration from children under the age of 13. If you are under the age of 13, please do not use this Site, and if you are over the age of 13 but under the age of 18, you should use this Site only with the involvement and permission of a parent or legal guardian. If Company discovers that a person under the age of 13 has provided Company with any PII, Company will use commercially reasonable efforts to delete such person’s PII from its system. Every user hereby agrees that all information you provide, including but not limited to age, shall be truthful and correct.

Usage Information

 We use GameAnalytics to collect non-personally identifiable information regarding the behavior and usage patterns of users of our Site for the purpose of analyzing and improving our mobile games.

GameAnalytics may access, index, or cache requests made from your mobile game applications to our Service. In the course of providing our Services, we collect non-personally identifiable information regarding the behavior and usage patterns of users of mobile game applications. We may collect and receive information about those users such as, but not limited to, carrier provider, IP addresses, unique device “ID”, carrier user “ID”, and geo-location information.

When your computer or mobile device contacts our web servers (for example, when you visit this Site, or view an HTML e-mail), our web servers automatically collect usage information. Such usage information includes information about how our visitors use and navigate our Site. It can include the number and frequency of visitors to each web page and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting our Site, and IP addresses (see below for more information on IP addresses). We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, e-mail, advertising or promotional announcement or similar service. This information is used to analyze and improve this Site and to provide you with a more fulfilling and relevant experience.

Browser Cookies

Like many websites, we may use browser “cookies”. Cookies are a website’s way of remembering who you are. A cookie is a small text file that is stored on your computer’s hard drive or stored temporarily in your computer’s memory. There are two kinds of cookies: those that are “session” oriented and those that are “persistent”. Session cookies delete from your computer when you close your browser. Persistent cookies retain information for later use tomorrow, next week, next month, or whenever they are set to expire. We use cookies to help us to identify account holders and to optimize their experience on our Site. Also, we will use cookies to monitor and maintain information about your use of this Site. Most web browsers accept cookies automatically. You can delete cookies manually or set your browser to automatically delete cookies on a pre-determined schedule. For example, in the Internet Explorer menu bar, select: Tools àInternet OptionsàBrowsing HistoryàDelete to view manual and automatic options. If you decline to accept cookies, you may not be able to take advantage of or participate in certain features of this Site.

Flash Cookies

Our Site may enable the use of the Adobe Flash Player. Adobe’s Flash Player is used by many websites that offer video and other interactive content. By default, your use of the Adobe Flash Player generates “flash cookies” (also known as “persistent identification elements” or “local shared objects”). Adobe provides a short disclosure about Flash Cookies in its End User License Agreement, stating “Use of the web players, specifically the Flash Player, will enable the Software to store certain user settings as a local shared object on our computer. These settings are not associated with you, but allow you to configure certain settings within the Flash Player.” The Adobe Flash Player (and similar applications) use flash cookies to remember user settings, preferences and usage similar to the browser cookies referenced above, but flash cookies can store more information than browser cookies and are managed through a different interface than the one provided by your web browser. You can control the degree to which you accept flash cookies by accessing your Adobe Flash Player management tools directly through the settings manager for Adobe Flash, located at http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. If you do not allow flash cookies to take any space on your computer or device, you may not be able to take advantage of or participate in certain features on the Site. Users with a computer running the Windows operating system can view flash cookie files in this folder: \Documents and Settings\[username]\Application Data\Macromedia\Flash Player. Users with a computer running the Apple operating system can view flash cookie files in this folder: /users/[username]/Library/Preferences/macromedia/Flash Player. Flash cookies, or LSO files are stored typically with an “.SOL” extension.

The Adobe Flash Player is not the only technology being used in the ever-shifting online and mobile content environment. HTML5 is a popular web standard used for presenting content, especially content delivered to mobile devices. HTML is the mark-up language used for the World Wide Web. Almost all web pages you visit on the Internet are based around HTML code. HTML5 is simply the fifth and latest iteration of this mark-up language that allows for more interactive web pages. One of the real benefits of HTML5 is its potential to standardize the highly fragmented rich-media universe. Some HTML5 code may allow your response to advertising and other activities to be monitored across websites and such information to be stored on your computer or mobile device. Technology solutions that allow users to opt-out of or block this sort of tracking are being developed through browser add-ons and other tools.

Web Beacons

Our web pages or e-mail messages may contain a small graphic image called a web beacon, which is sometimes also called a “clear gif”, that allows us to monitor and collect certain limited information about our users, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small or invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to our web pages or to monitor how our users navigate our Site, and we may include web beacons in e-mail messages in order to count how many of the messages we sent were actually opened or acted upon. We use web beacons to compile aggregate statistics about our Site and our marketing campaigns.

Use Of IP Addresses

An IP address is a number that is assigned to your computer or network when you are linked to the Internet. When you request pages from this Site, our servers log your IP address. We may use IP address for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of the Site. We may associate your IP address with the PII you provide.

We also may collect and store information about you that we receive from other sources to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.

How we use collected information

Cosmic Forces, Inc. may collect and use Users personal information for the following purposes:

  • To improve customer service.    Information you provide helps us respond to your customer service requests and support needs more efficiently
  • To personalize user experience.  We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
  • To improve our Site.  We may use feedback you provide to improve our products and services.
  • To process payments.
  • To send Users information they agreed to receive about topics we think will be of interest to them.
  • To send periodic emails.
  • Security. we may release information about our users, including PII, when legally required to do so, at the request of governmental authorities conducting an investigation or to verify or enforce compliance with the policies governing our Site and applicable laws. We may also disclose such user information whenever we believe disclosure is necessary to protect the rights, property or safety of Cosmic Forces, or any of our respective affiliates, business partners, customers or others.
  • Promotions. If you choose to enter a contest, sweepstakes or promotion, your PII may be disclosed to third parties in connection with such promotion, including without limitation for purposes of posting your entry with attribution or otherwise as permitted in the official rules for the promotion in question, fulfilling your prize or including your name on a winners list. Also, by entering a promotion, we may require you to consent to the use of your PII or other information, such as name, voice or likeness, in advertising, promotional and marketing materials. In addition, we may offer certain promotional content, such as a sweepstakes, sponsored by or co-branded with a third party, who may obtain the PII that you submit.
  • Corporate Change. we reserve the right to disclose, share and/or otherwise transfer user information, including without limitation PII, in connection with a corporate merger, acquisition, consolidation, the sale of a portion of our business or the sale of substantially all of Cosmic Forces’ assets, or other fundamental corporate change, whatever form it may take. You will be notified via e-mail or prominent notice on our Site prior to a change of ownership or control of your personal information, if your personal information will be used contrary to this policy. For clarification and the removal of doubt, Company specifically reserves the right to transfer or share a copy of PII collected pursuant to this Privacy Policy from this Site, off-line or otherwise, to the buyer of that portion of its business relating to that information.

We may also use the User’s email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

How we protect your information

Cosmic Forces uses modern technological efforts to ensure the safety of your sensitive information. No website, internet transmission, computer system or wireless connection is completely secure. Cosmic Forces cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Site is at your own risk. Whenever you give Cosmic Forces sensitive or confidential information, Cosmic Forces will take commercially reasonable steps to protect the information by establishing a secure connection with your web browser. Cosmic Forces uses an industry standard security protocol for encrypting sensitive information. Unfortunately, no security measures are perfect or impenetrable and data transmission over the Internet cannot be guaranteed 100% secure. We cannot and do not ensure or warrant the security of any information you transmit to Cosmic Forces and you do so at your own risk.

Sharing your personal information

 We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

Third party websites

 Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

Consent to Processing

By using our Site, participating in any of our services and/or providing us with your information, you consent and agree to the collection, transfer, storage and processing of your information to and in the United States.

Sharing Pages With Friends

 The Site may offer you the possibility to connect your accounts from third party social media sites, such as Facebook and Twitter, through an application programming interface (API) or other software. By allowing the Site to connect with your accounts on such third party sites, you consent to our accessing the information in those accounts, which information may include PII. You likewise consent to our publishing on the Site any such information or actions you take on such third party sites. Additionally, you understand that by accessing the Site via your social media account, activity you engage in through the Site may be published on the third party site. It is your choice whether to use any such third party sites, and you understand that in some instances such third party sites may request to access and publish information about you or your friends from Cosmic Forces.

 

Third Party Advertisements

 We may from time to time use various outside ad-serving or other companies to serve advertisements on our Site. In the process of serving advertisements, such companies may use cookies, and may use information about your visits to our Site and other sites in order to provide advertisements on our Site about products and services that may be of interest to you. By delivering ads on our Site, and the use of cookies, the ad-server is able to record what ads a user has seen, and what pages the user was viewing when the ads were delivered. This web usage information may be combined with other ad delivery information the ad-server has collected from your visits to our Site and other websites not affiliated with Cosmic Forces. This non-personally identifiable information is used as part of the ad-serving process for reporting, and to select and direct the ads you see on our Site and on other websites not affiliated with us.

Your choices/unsubscribe

You will have an opportunity to unsubscribe from receiving promotional material from this Site by clicking on an “unsubscribe” hyperlink contained in promotional emails we send you. Additionally you may send us a message as set forth below. Because customer lists often are prepared well in advance of an offering (sometimes a few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. We appreciate your patience and understanding in giving us time to carry out your request.

In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

If you want to opt out of having your PII shared with third parties for marketing purposes, you must consistently opt-out at our Site where you register and whenever you provide PII to us. Please bear in mind that this opt-out choice for “third parties” will not apply to Cosmic Forces, Cosmic Forces licensees and/or co-branding participants.

Changes to this privacy policy

We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this Privacy Policy, in whole or in part, at any time. When we amend this Privacy Policy, we will revise the “last updated” date located at the top of this Privacy Policy. For changes to this Privacy Policy that we consider to be material, we will place a notice on the Cosmic Forces website located at http://cosmicforces.com by revising the link to read substantially as “Updated Privacy Policy” for a reasonable amount of time. If you provide information to us or access or use the Site in any way after this Privacy Policy has been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of this Privacy Policy will be available on the Site and will supersede all previous versions of this Privacy Policy.

Notice to California Residents/Your California Privacy Rights

California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year (e.g., requests made in 2015 will receive information about 2014 sharing activities). As set forth in this Privacy Policy, we comply with this law by offering our visitors the ability to tell us not to share your personally identifiable information with third parties for their direct marketing purposes. To make such a request, consistently exercise your opt-out choice whenever you provide PII to us or send us a message using the “Contact Us” page. You must include this Site as the subject line, and your full name, e-mail address, and postal address in your message. Please see the “Your Choices/Unsubscribe” section of this Privacy Policy for additional information. Please note that under California law, businesses are only required to respond to a customer request once during any calendar year.

We may allow third-party companies to serve ads and/or collect certain anonymous information when you visit our Site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other web sites in order to provide advertisements about goods and services likely to be of interest to you. These companies typically use a cookie or third party web beacon to collect this information. Our Site does not recognize browser “Do Not Track” signals but several of our service providers who utilize these cookies or beacons on our web sites enable you to opt out of this behavioral advertising. To learn more about how to opt out of the behavioral advertising conducted by these providers you can visit http://www.networkadvertising.org/.

Choice of Law

This Privacy Policy, including all revisions and amendments thereto, is governed by the internal laws of the United States, State of California, without regard to its conflict or choice of law principles which would require application of the laws of another jurisdiction.

Arbitration

By using this Site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of Cosmic Forces and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “Cosmic Forces Entities”) arising out of, relating to, or connected in any way with the Site or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in San Francisco, California; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this Privacy Policy and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Site; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Cosmic Forces Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Cosmic Forces Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Cosmic Forces Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Cosmic Forces agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Cosmic Forces will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Cosmic Forces shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

You hereby irrevocably waive any right to seek and/or obtain rescission, equitable and/or injunctive relief related to Cosmic Forces’ production, distribution, license, and/or exploitation of any of their video games and/or other content; and your exclusive remedy in connection therewith shall be an action for damages.

 

Contacting us

 

 

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

Cosmic Forces, Inc.
180 Sansome Street, 4th Floor
San Francisco, CA
94104

© 2015 Cosmic Forces, Inc. All rights reserved.