EXPLODING KITTENS INC. PRIVACY POLICY

EFFECTIVE AS OF MAY 1, 2022

Your privacy is an important priority for us. This Privacy Policy explains the information we collect and how we use it. Let us know if you have questions by emailing us at privacy@explodingkittens.com. By using this site and/or any of our Services, as defined below, you agree to this Privacy Policy and to our Terms of Service, which incorporates this Privacy Policy.

01. INTRODUCTION

This Privacy Policy explains how Exploding Kittens manages information collected when you access and use our website(s) ("Sites"), mobile applications ("Apps"), content, official social media pages, and products (collectively, our "Services"). The terms “Exploding Kittens,” “our,” “we,” and “us” includes Exploding Kittens Inc and our affiliates and subsidiaries.

When you use our Services, Exploding Kittens collects information from you, including personal information. The specific types of personal information collected varies with the activity, but may include your name, email address, phone number, mobile phone number, postal address and credit card or payment information. Some of the ways you may provide personal information are as follows:

• Create an Account. When you create an account on the Services, we may collect your name, username, email address, and password.
• Download our App and Make In-app Purchases. When you download our App, we may ask you to provide personal information such as a username and email address. If you use our Apps over a third party platform such as Apple and make in-app purchases, any personal information is collected by the third party platform and subject to that party’s privacy policy.
• Make a Purchase on Our Sites. When you make a purchase on our Sites, we may collect personal information and details associated with your purchases, including payment information. Any payments made via our Sites are processed by third-party payment processors, such as Stripe. We do not directly collect or store any payment card information entered through our Sites, but we may receive information associated with your payment card information (e.g., your billing details). For more information about Stripe, please see Stripe’s Privacy Policy.
• Communications with Exploding Kittens. We may collect personal information from you when you choose to request information about our Services, request customer or technical support or otherwise communicate with us.
• Sign-up for our emails, newsletters. From time to time, we may ask you to participate in surveys. If you do decide to participate, you may be asked to provide certain information which may include personal information. All information collected from your participation in our surveys is provided by you voluntarily. We may use this information to improve our products, Services and in any manner consistent with this Privacy Policy.
• Surveys. From time to time, we may ask you to participate in surveys. If you do decide to participate, you may be asked to provide certain information which may include personal information. All information collected from your participation in our surveys is provided by you voluntarily. We may use this information to improve our products, Services and in any manner consistent with this Privacy Policy.
• Register for contests and special events. Occasionally, Exploding Kittens may run sweepstakes, contests, and other special events. Any contact information you provide may be used to reach out to you about the event for which you registered and for other marketing and business purposes.
• Job Applications. We may post job openings and opportunities on our Services. If you reply to one of these postings by submitting your application, CV and/or cover letter to us, we will collect and use your information to assess your qualifications.
• Automatic Data Collection. When you access our Services, we and our third party service providers use automated technologies to collect certain information. The types of information collected may include demographic information such as gender, age, zip code, information about your computer, software, platform, mobile device, and other particulars, including unique device IDs, cookie identifiers, incident data, Internet Protocol (IP) address, Media Access Control (MAC) address, connection, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences. In certain games, we may create and assign to your device an identifier that is similar to an account number. We may also receive information from third parties in connection with market and demographic studies and/or other data that we use to supplement personal information provided directly by you.
• Information Submitted via the Services. You agree that Exploding Kittens is free to use the content of any communications submitted by you via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or Services. Exploding Kittens will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a Service will be published or otherwise used with your name on it; or (c) we are required to do so by law.
• Information from Other Sources. We may receive information about you from other sources, including through third party services and organizations to supplement information provided by you. For example, if you access our Services through a third party application, such as an App Store, we may collect information about you from that third-party application that you have made public or is visible via your privacy settings. This supplemental information allows us to verify information that you have provided to Exploding Kittens and to enhance our ability to provide you with information about our business, products, and Services.

Information Collected by Others. Our Services may contain advertisements, offers and links from companies other than Exploding Kittens that may link to their own websites. In addition, other websites may reference or link to our Services. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party websites or services. Visiting these other websites or applications is at your own risk.
Interactive Features. In addition, Exploding Kittens’ Services may include publicly accessible blogs and community forums. The Services may also contain links and interactive features with various social media platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using our Services. You should be aware that personal information which you voluntarily include and transmit online in a publicly accessible blog, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform or other interactive feature, and by using such services you assume the risk that the personal information provided by you may be viewed and used by third parties for any number of purposes.
Automated Tracking Technologies and Cookies. When you access our Services, we and our third party service providers use automated tracking technologies such as cookies, web beacons and pixel tags. These technologies generally help us better understand user behavior, tell us about web visits, facilitate advertisements, and track game preferences. For example, web beacons allow us to know if a certain page was visited or whether an email was opened. Pixel tags allow us to advertise more efficiently by excluding our current users from certain promotional messages, identifying the source of a new installation or delivering ads to you on other websites. Locally shared objects also known as flash cookies, which help us to prevent fraud, remember your in-game preferences and speed up load times.

Our uses of these technologies fall into the following general categories:

• Operationally Necessary. This includes technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality;
• Performance-Related. We may use technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services (see Analytics below);
• Functionality-Related. We may use technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
• Advertising- or Targeting-Related. We may use first party or third-party technologies to deliver content, including ads relevant to your interests, on our Services or on third-party websites.
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If you would like to opt out of the automated technologies we employ on our Services, you may do so by blocking, deleting or disabling them as your browser or device permits. Analytics. We may use Google Analytics and Google Analytics Demographics and Interest Report to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop content for the Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners. You can opt out of Google Analytics’ collection and processing of data generated by your use of the Services by going to tools.google.com/dlpage/gaoptout. Our apps may also use Unity Analytics (https://unity3d.com/legal/privacy-policy) and GameAnalytics (https://gameanalytics.com/privacy/).
See “Your Information Choices and Tools” below to understand your choices regarding these technologies.

We use the information we collect as follows:

• Provide Products, Services Or Information Requested, including:
  • To fulfill (directly or through our authorized partners) your purchase, access or use of our Services;
  • To respond to user and customer inquiries, provide technical support and solicit feedback to improve our Services;
  • To allow you to register for events.
• Administrative Purposes, including:
  • To measure your interest in Exploding Kittens’ Services;
  • To develop new products and Services;
  • To detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, and prosecute those responsible for that activity;
  • To ensure internal quality control;
  • To communicate with you about the Services;
  • For short-term, transient use, such as contextual customization of ads;
  • To improve, upgrade or enhance our Services;
  • To debug to identify and repair errors with our Services;
  • To conduct auditing relating to interactions, transactions and other compliance activities;
  • To prevent potentially prohibited or illegal activities;
  • To enforce our Terms of Service or other agreements.
• Provide Products, Services Or Information Requested, including:
  • To tailor content, advertisements, and offers;
  • To notify you about offers, products and services that may be of interest to you;
  • To provide you with periodic emails and newsletters;
  • Otherwise as you consent.
• Marketing and Advertising our Products and Services. We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.
  Some of the ways we market to you include email campaigns, text messages, custom audiences advertising, and “interest-based” or “personalized advertising” including through cross-device tracking.
  You may contact us at any time to opt out of the use of your personal information for marketing purposes as further described below.
• Research and Development. Exploding Kittens may use your Information to help us optimally deliver our existing products and Services and develop new products and Services.
• Services via Mobile Devices. Exploding Kittens may provide Services that are specifically designed to be compatible and used on mobile devices. Exploding Kittens will collect certain information that your mobile device sends when you use such Services, like a device identifier, user settings, location information, mobile carrier, and the operating system of your device. In addition, Exploding Kittens may enable individuals to download an application, widget, or other tool that can be used on mobile or other computing devices. Some of these tools may store information on mobile or other devices. These tools may transmit personal information to Exploding Kittens. Exploding Kittens may use the information transmitted to it to enhance these tools, to develop new tools, for quality improvement and as otherwise described in this Privacy Policy.
• Anonymous or Aggregated Information. Exploding Kittens may use personal information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access Exploding Kittens’ Services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymized or aggregated information is not personal information, and Exploding Kittens may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within Exploding Kittens and with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
• Sharing Content. Exploding Kittens’ Services may offer various tools and functionalities. For example, our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by Exploding Kittens or any other third parties for any other purpose. Please only share with us contact information of people with whom you have a relationship (e.g., relative, friend, neighbor, or co-worker).
• Uses. Exploding Kittens may use personal information to pursue our legitimate interests (e.g., direct marketing, research (including marketing research), fraud prevention, network and information security, and disclosure to affiliated organizations for administrative tasks), for any other purpose disclosed to you at the time you provided such information, or otherwise with your consent.

The categories of third parties with whom we may share your information are described below.

Displaying to Others. The Services may allow you to post content which may be publicly displayed or available to others. Other individuals may be able to see some information about you, such as your name, profile picture, and the content you post. We are not responsible for the privacy practices of other users who will view and use the posted information.

Exploding Kittens’ Associate Company. Exploding Kittens may share your personal information with an Exploding Kittens’ Associate Company for its marketing purposes. These Exploding Kittens’ Associate Companies may include “The Oatmeal,” and other similar companies. If you would prefer to opt-out of Exploding Kittens’ Associate Company marketing, you may send an e-mail to privacy@explodingkittens.com Place "Opt-Out - Associate Company" in the subject line and include your first name, last name, e-mail address if you have accessed the game from a third party provider (if applicable) in the body of the e-mail.

Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information to business partners with whom we jointly offer products or services.

Safety, Security and Compliance with Law. Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Services and may be disclosed as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms of service; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) if we, in good faith, believe that disclosure is otherwise necessary or advisable.

Third Party Service Provider. We may share your personal information with our third-party service providers who use that information to help us provide our Services. This includes service providers that provide us with IT support, hosting, payment processing, customer service, and related services.

Advertising Partners. Through our Services, Exploding Kittens may allow third-party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, device or cookie ID, page(s) visited, time of day). We may also share non-personal information (e.g., aggregated and non-attributable data) and certain technical information (including IP Addresses and mobile device IDs) to develop and deliver targeted advertising in the Services and on the websites or platforms of third parties. Under these programs, we may allow advertisers to collect this information and share it with us. Advertisers collect this information through the use of automated tracking technologies like browser cookies and web beacons as described above. This information (and similar information collected from other websites) is used to tailor and offer you targeted ad-selection and delivery in order to personalize your user experience by ensuring that advertisements for products and services you see will appeal to you, a practice known as behavioral advertising, as well as web analytics (i.e. to analyze traffic and other end user activity to improve your experience). To learn more about behavioral advertising or to opt-out of this type of advertising for participating ad networks, please review Your Information Choices and Tools below.

APIs/SDKs. We may use third-party Application Program Interfaces (“APIs”) and Software Development Kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth below.

Sale or Merger. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such transaction as permitted by law and/or contract. In such event, we will endeavor to direct the transferee to use your information in a manner that is consistent with this Privacy Policy.

The privacy of our customers is important to us. In many cases, you can manage information collected about you or your activities and opt-out of certain programs by following the guidelines below.

Cookies and Interest-Based Advertising. Cookies and Interest-Based Advertising. In some cases, you may prevent the installation of cookies by adjusting your browser settings. Please note that if you disable cookies, it is possible that you may not use all functionalities of Exploding Kittens’ Services. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.

• The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.
  
  Mobile Games. To manage the information Exploding Kittens receives about you from a third party, such as Apple, where you play our mobile games, you will need to follow the instructions at that site for updating your information and changing your privacy settings (if available). You can manage certain aspects of information collection and use by going to the settings of your (mobile) device and reviewing the permissions of each application. Once Exploding Kittens receives your information from a third party provider, such as Apple, that information is stored and used by Exploding Kittens in accordance with this Privacy Policy, and you may access and update that information as described below. Game or other accounts created with Exploding Kittens are considered active until we receive a user request to delete them or deactivate them.
  
  Mobile Devices. With respect to usage of our Apps, you can turn off push notifications by visiting the "options" or "settings" page within the relevant game. You can turn off local notifications by visiting the "options" or "settings" page within the relevant game. You can also stop use of your geo-location (for example through "check-ins") by visiting your device's settings for the relevant application or the "settings" page for the relevant game. You can also stop checking in.
  
  Text Messages. You may opt out of receiving text messages from us by following the instructions in the text message you have received from us or by otherwise contacting us.
  
  Email Communications. You can choose to opt out of receiving additional promotional emails from Exploding Kittens by clicking on the "unsubscribe" link in any such e-mail. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our Terms or this Privacy Policy).
  
  If you no longer want Exploding Kittens to process or make active use of your information, you may send an e-mail to privacy@explodingkittens.com. Place "Delete My Account" in the subject line and include your first name, last name, e-mail address if you have accessed the game from a third party provider (if applicable) in the body of the e-mail. Please note that we will process these requests in accordance with applicable laws and certain records will be retained for legal and accounting purposes. If you have sent or posted content on the Services, we may not be able to delete it. Please consult the privacy policies of those third party providers to learn about their removal procedures.
  
  “Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers. Your Privacy Rights. In accordance with applicable law, you may have the right to:
  • Access Personal Information about you, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information; and (iii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company (the “right of data portability”);
  Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information; Request Deletion of your personal information; Request Restriction of or Object to our processing of your personal information; Withdraw your Consent to our processing of your personal information.

If you would like to exercise any of these rights, please contact us at privacy@explodingkittens.com.

We will process such requests in accordance with applicable laws. To protect your privacy, Exploding Kittens will take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal information.

International Transfers

All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.

Information Security

Exploding Kittens uses reasonable measures to protect personal information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. You use our Services at your own risk, and you’re responsible for taking reasonable measures to secure your accounts (like a strong password). If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us privacy@explodingkittens.com.

By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail or by sending an email to you.

Retention

We will retain your personal information for the period necessary to fulfill the purposes for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws.

Our Services are not intended for children under the age of 13 (and in certain jurisdictions under the age of 16 or other age as required by law). As noted in the Terms of Use, we do not knowingly collect or solicit personal information from anyone under the age of 13 (and in certain jurisdictions under the age of 16 or other age as required by law). If you are under 13 (or 16, or other age where applicable), please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have inadvertently collected personal information from a child under age 13 (and in certain jurisdictions under the age of 16 or other age as required by law), we will promptly take steps to delete such information. If you are a parent or guardian and believe your child has uploaded personal information to our site without your consent, you may contact us at privacy@explodingkittens.com. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account if applicable.

We may revise this Privacy Policy from time to time at our sole discretion. If there are any material changes to this Privacy Policy, Exploding Kittens will notify you by email or as otherwise required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Services after the updated Privacy Policy is posted on the Services. If at any point you do not agree to any portion of the Privacy Policy in effect, you must immediately stop using the Services.

This Supplemental California Privacy Notice only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information Exploding Kittens has collected about them and whether Exploding Kittens disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at privacy@explodingkittens.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth below.

The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth above.

“Sales” of Personal Information under the CCPA

For purposes of the CCPA, Exploding Kittens does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.

Additional Privacy Rights for California Residents

Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.

Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us as set forth in “Contact Us” below and provide written authorization signed by you and your designated agent.

Verification. To protect your privacy, we will take the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include asking you to answer questions regarding your account and use of our Services.

If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us at privacy@explodingkittens.com. We will process such requests in accordance with applicable laws.

Referral and Similar Incentive Programs. As described above in How We Use the Information We Collect (“Sharing Content”), we may offer referral programs or other incentivized data collection programs. For example, we may offer incentives to you such as discounts or promotional items or credit in connection with these programs, wherein you provide your personal information in exchange for a reward, or provide personal information regarding your friends or colleagues (such as their email address) and receive rewards when they sign up to use our Services. (The referred party may also receive rewards for signing up via your referral.) These programs are entirely voluntary and allow us to grow our business and provide additional benefits to you. The value of your data to us depends on how you ultimately use our Services, whereas the value of the referred party’s data to us depends on whether the referred party ultimately becomes a user and uses our Services. Said value will be reflected in the incentive offered in connection with each program.

Accessibility. This Privacy Policy uses industry-standard technologies and was developed in line with the World Wide Web Consortium’s Web Content Accessibility Guidelines, version 2.1. If you wish to print this policy, please do so from your web browser or by saving the page as a PDF.

Shine the Light. California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. Except as otherwise provided in this Privacy Policy, Exploding Kittens does not share personal information with third parties for their own marketing purposes.

For users of our Services located in the European Economic Area, Switzerland, the United Kingdom, or Brazil, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.

If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please send us e-mail to privacy@explodingkittens.com or call 323-609-5022. All other inquiries should be directed to Exploding Kittens’ support page or to Exploding Kittens Inc, 101 S. La Brea Avenue. Building A, Los Angeles, CA 90036 USA

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