Privacy Policy
Phynd respects the privacy of its online visitors and customers of its products and services and complies with applicable laws for the protection of your privacy, including, without limitation, the California Consumer Privacy Act (“CCPA”).
These reasons for collecting and processing Personal Data determine and limit what Personal Data we collect and how we use it (section 3. below), how long we store it (section 4. below), who has access to it (section 5. below) and what rights and other control mechanisms are available to you as a user (section 6. below).
When setting up an Account, Phynd will collect your email address and country of residence. You are also required to choose a user name and a password. The provision of this information is necessary to register a Phynd User Account. During setup of your account, the account is automatically assigned a number (the “Phynd ID”) that is later used to reference your user account without directly exposing Personally Identifying Information about you.
We do not require you to provide or use your real name for the setup of a Phynd User Account.
In order to make a transaction on Phynd, you may need to provide payment data to Phynd to enable the transaction. If you pay by credit card, you need to provide typical credit card information (name, address, credit card number, expiration date and security code) to Phynd, which Phynd will process and transmit to the payment service provider of your choice to enable the transaction and perform anti-fraud checks. Likewise, Phynd will receive data from your payment service provider for the same reasons.
We will collect and process Personal Data whenever you explicitly provide it to us or send it as part of communication with others on Phynd, e.g. in Phynd Community Forums, chats, or when you provide feedback or other user generated content. This data includes:
We collect a variety of information through your general interaction with the websites, Content and Services offered by Phynd. Personal Data we collect may include, but is not limited to, browser and device information, data collected through automated electronic interactions and application usage data.
Likewise, we will track your process across our websites and applications to verify that you are not a bot and to optimize our services.
In order to provide you with services, we need to collect, store and use various information about your activity in our Content and Services. “Content-Related Information” includes your Phynd ID, as well as what is usually referred to as “game statistics”. By game statistics we mean information about your games’ preferences, progress in the games, playtime, as well as information about the device you are using, including what operating system you are using, device settings, unique device identifiers, and crash data.
We use “Cookies”, which are text files placed on your computer, and similar technologies (e.g. web beacons, pixels, ad tags and device identifiers) to help us analyze how users use our services, as well as to improve the services we are offering, to improve marketing, analytics or website functionality. The use of Cookies is standard on the internet. Although most web browsers automatically accept cookies, the decision of whether to accept or not is yours. You may adjust your browser settings to prevent the reception of cookies, or to provide notification whenever a cookie is sent to you.
You can manage the use of optional cookies by clicking on the “Cookies setting” page accessible via the cookie banner displayed when you first visit our website and at any time through the Cookie Settings page available here.
When you visit any of our services, our servers log your IP address, which is a number that is automatically assigned to the network your computer is part of.
We may process information collected under this Section 3 so that content, products and services shown on the pages of the Phynd store and in update messages displayed when launching the Phynd Client can be tailored to meet your needs and populated with relevant recommendations and offers. This is done to improve your customer experience. You can prevent the processing of your data in this way by turning off the automatic loading of the Phynd store page and of Phynd notifications.
Phynd may send you marketing messages about products and services that are similar to goods and services you have previously requested from Phynd to your email address or where you have given explicit consent. In such a case we may also use your collected information to customize such marketing messages as well as collect information on whether you opened such messages and which links in their text you followed.
You can opt out or withdraw your consent to receive marketing emails at any time by either withdrawing the consent on the same page where you previously provided it or clicking the “unsubscribe” link provided in every marketing email. Alternatively, you can select what kinds of emails you wish to receive on the email setting page.
We collect certain data that is required for our detection, investigation and prevention of fraud, cheating and other violations of the SSA and applicable laws (“Violations”). This data is used only for the purposes of detection, investigation, prevention and, where applicable, acting on of such Violations and stored only for the minimum amount of time needed for this purpose. If the data indicates that a Violation has occurred, we will further store the data for the establishment, exercise or defense of legal claims during the applicable statute of limitations or until a legal case related to it has been resolved. Please note that the specific data stored for this purpose may not be disclosed to you if the disclosure will compromise the mechanism through which we detect, investigate and prevent such Violations.
We will only store your information as long as necessary to fulfil the purposes for which the information is collected and processed or — where the applicable law provides for longer storage and retention period — for the storage and retention period required by law. After that your Personal Data will be deleted, blocked or anonymized, as provided by applicable law.
In particular:
If you terminate your Phynd User Account, your Personal Data will be marked for deletion except to the degree legal requirements or other prevailing legitimate purposes dictate a longer storage.
In certain cases, Personal Data cannot be completely deleted in order to ensure the consistency of the gameplay experience. For instance, matches you have played that affect other players’ matchmaking data and scores will not be deleted; rather, your connection to these matches will be permanently anonymized.
Please note that Phynd is required to retain certain transactional data under statutory commercial and tax law for a period of up to ten (10) years.
If you withdraw your consent on which a processing of your Personal Data or of the Personal Data of your child is based, we will delete your Personal Data or respectively the Personal Data of your child without undue delay to the extent that the collection and processing of the Personal Data was based on the withdrawn consent.
If you exercise a right to object to the processing of your Personal Data, we will review your objection and delete your Personal Data that we processed for the purpose to which you objected without undue delay, unless another legal basis for processing and retaining this data exists or unless applicable law requires us to retain the data.
In some cases, your choices to provide, change or delete information may affect our ability to deliver our Services, or your user experience. We may decline to process requests which are not otherwise required by applicable law. You have the right not to be unlawfully discriminated against because you have exercised these rights.
To make a Request to Access or Deletion, please visit [link], or contact Consumer Services toll-free at [phone number]. After you submit a request, we will require you to confirm your request, and verify your identity by requesting details of your account, devices, payment instruments or past transactions. We reserve the right to deny your requests if we cannot verify your identity.
The minimum age to create a Phynd User Account is 13. Phynd will not knowingly collect Personal Data from children under this age. Where certain countries apply a higher age of consent for the collection of Personal Data, Phynd requires parental consent before a Phynd Account can be created and Personal Data associated with it collected. Phynd encourages parents to instruct their children to never give out personal information when online.
You can contact Phynd’s data protection officer at the address below.
Swanston Labs, Inc. dba Phynd
Att. Data Protection Officer
9 W Broad Street
Stamford, CT 06902
The CCPA grants California residents certain privacy rights regarding the Personal Data we collect. We are committed to respecting these rights and complying with the CCPA. The following explains these rights and Phynd’s practices with respect to them.
Right to Know. Under the CCPA you have the right to request that we disclose to you what Personal Data we collect, use, disclose, and sell.
Right to Request Deletion. You also have the right to request deletion of Personal Data that is in our possession, subject to certain exceptions. Please note that your request to delete data may impact your use of the Phynd service in some cases, and we may decline to delete information for reasons set forth in this Privacy Policy or as permitted by the CCPA.
Other Rights. The CCPA also gives California residents a right to opt-out from the sale of their Personal Data. We do not sell Personal Data and have not done so in the past 12 months. You also have a right to receive notice of our practices at or before collection of your Personal Data. Finally, you have a right to not be discriminated against for exercising your rights under the CCPA.
Exercising Your Rights. The primary means of accessing, managing or deleting your Personal Data is through the Privacy Dashboard, as described in section 6 of this Policy. Customers may also delete their Phynd Account and associated Personal Data as described in section 6.3 of this Privacy Policy. If you are unable to access or delete data through the Privacy Dashboard, you can also contact us with a request to exercise these rights by using the form found at [link]. To verify your identity, you will need to log in with your Phynd User Account to use the form. Finally, you can contact us with a request at [email protected], however, before providing access to, or deleting any, Personal Data, based on a request received via email, we will need to verify your identity.
You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.
Categories, Sources, Purposes, and Recipients of the Data We Collect. Over the preceding 12 months, we have collected the categories of Personal Data described in Section 3 of this Privacy Policy. The sources from which we collect Personal Data, and the purposes for which we collect and process it, are described in Sections 2 and 3. Over the preceding 12 months, we have disclosed for business purposes each of the categories of Personal Data with the categories of third parties as described in Section 5.