Privacy Policy | Night Owl Games®

Privacy Statement

(Revised December 29, 2011)

Night Owl Games, L.P.

This privacy statement applies to any service or Website of Night Owl Games, L.P. (“NOG” or “we” or “our“) that collects data or displays these terms, as well as our offline product support services. It does not apply to any Website, service or product that does not display or link to this privacy statement or that has its own privacy statement. Your use of any Night Owl Games, L.P. service or Website is pre-conditioned upon your review and acceptance of this privacy statement, as well as any applicable user agreement and/or terms of service (“Terms of Service”).

We collect information as part of operating our services and Websites. We may ask you for personal information (such as Facebook® account related information (including, but not limited to, the name associated with that account, profile picture, gender, networks, user ID, list of friends, and any other information available via that account, public or otherwise), age, birth date, e-mail address, name, home or work address, and telephone number, as well as the foregoing information related to any of your personal contacts (such as your friends)). If you make any purchase, we may ask for additional information (such as your name, credit card number, credit card expiration date, credit card ZIP code, credit card billing address, and credit card security/verification code(s)). We may also collect demographic information (such as your age, birth date, gender, ZIP code, preferences, interests, favorites, IP address, access times (or any other times related to use or non-use), entering Website address(es), exiting Website address(es), referring Website address(es), search engines used to find our Website, keywords used to find our Website, pages viewed in our Website, browser type, browser language, browser add-ons, browser width and browser height).

You may be required to obtain and provide a user identification or other login information (such as a password or Facebook® account) in order to access any NOG service or Website, and we may also use that information to access third-party Websites and services (such as those related to a Facebook® account). In doing so, we may utilize “Web Identifiers” (such as “cookies,” “single-pixel GIFs,” or “clear GIFs”) to collect information about any pages you view, links you click, and other activities you may engage on using any Website.

You may also receive advertisements, newsletters or promotional e-mail from NOG, for which we may obtain information from, or provide information to, third-parties which could include any of the information referenced above – including but not limited to Web Identifiers. We may also contact you regarding specific issues related to our services and Websites (such as issues related to a purchase you have made or your login information).

For additional details, please note the following:

Your Privacy
The Websites and services covered by this privacy statement
Our policies concerning children
What information we collect from you or about you
Information on cookies and related technology
How we use and share the information that we collect from you
Information about co-provided Websites and services
Information about links and third parties related to any NOG Website or service
How you may access, change or delete the information you have provided to us
Other important agreements that govern your use of any NOG Website or service
Information for persons outside the United States
Our commitment to secure the information we have collected
Notice of changes to this privacy statement

Your Privacy

As further discussed in this privacy statement, we may from time to time provide you with the opportunity to receive information about products and services offered by NOG and/or our third parties. You can prevent future use of your information by NOG for marketing purposes, at no charge, by “opting out” as follows:

1. You can expressly request to “opt out” via email to: support@nightowlgames.net;

2. If one is available, you can access your user profile and modify your privacy preferences for “opting out “of direct marketing communications from NOG and/or our third parties; or

3. If one is available, you can click on a link in an electronic marketing communication from NOG that will allow you to “unsubscribe” from future marketing communications from NOG.

If you choose to “opt out,” NOG may in its sole and absolute discretion choose not to permit you access, in whole or in part, to any NOG Website or service.

The Websites and services covered by this privacy statement

We currently operate the Website located at www.nightowlgames.net, including all of its subsites (typically web pages whose URL ends with “nightowlgames.net,” including the examples set forth below) and all software, hardware, products, features, games, services and other offerings made available, displayed, or offered by or through our Website or subsites (collectively, “NOG Game(s)”).

In addition, we own the domain name www.DungeonOverlord.com. We also own or control other domain names such as www.nightowlgames.com. The Websites at www.nightowlgames.com and www.DungeonOverlord.com are covered by this privacy statement, and any other Websites and subsites at domain names we own or control are also considered part of NOG for purposes of this privacy statement (unless that Website does not display or link to this privacy statement or has its own privacy statement).

Examples of subsites include:

dungeonoverlord.nightowlgames.net

support.nightowlgames.net

forum.nightowlgames.net

From time to time, we may add new NOG Websites or subsites that may not initially be listed above, but such Websites and subsites will provide a link to this privacy statement and will be governed by these Terms of Service (unless stated otherwise) and by this privacy statement (unless that Website does not display or link to this privacy statement or has its own privacy statement).

Our policies concerning children

NOG Games, Websites and subsites are not directed towards children under the age of 13. Children younger than 13 should not access, register, view or otherwise interact with NOG’s Websites, subsites, or NOG Games. We do not knowingly or intentionally collect information from children under the age of 13. If we are made aware of any inadvertent collection of such information, we will work to promptly erase the information from our records. At any time, a parent may request that we cease further collection of information from their child under the age of 13 and can also request that any information we have collected be changed or deleted from our records, in accordance with applicable law. A parent can contact us with a request to access, change or delete his or her child’s information or to cease collecting and/or using information about or collected from the child under 13 by sending an email to support@nightowlgames.net.

NOG Games, Websites and subsites are not directed towards children between the ages of 13 and 18. Children between the ages of 13 and 18 should not access, register, view or otherwise interact with NOG Games, Websites and subsites unless they have advised, and obtained consent from, a parent or guardian that has reviewed and accepted this privacy statement and all applicable agreements on behalf of the minor.

Our Policies Concerning Users Generally

What information we collect from you or about you

A. General

We may collect information about you, including but not limited to personal information (such as Facebook® account related information (including but not limited to the name associated with that account, profile picture, gender, networks, user ID, list of friends, and any other information available via that account, public or otherwise), age, birth date, email address, name, home or work address, and telephone number, as well as the foregoing information related to any of your personal contacts (such as your friends)). If you make any purchase, we may ask for additional information (such as your name, credit card number, credit card expiration date, credit card ZIP code, credit card billing address, and credit card security/verification code(s)). We may also collect demographic information (such as your age, birth date, gender, ZIP code, preferences, interests, favorites, IP address, access times (or any other times related to use or non-use), entering Website address(es), exiting Website address(es), referring Website address(es), search engines used to find our Website, keywords used to find our Website, pages viewed in our Website, browser type, browser language, browser add-ons, browser width and browser height).

If you refuse to provide information requested by NOG, or provide NOG with inaccurate information, you may not be allowed access to NOG services and Websites, either in whole or in part. See the NOG Terms of Service for details regarding account registration procedures.

B. Email Newsletters and Friend to Friend Promotions

NOG services and Websites may allow you to submit information about other people. For example, we may offer “Send to a Friend” promotions, like electronic postcards. In these situations, you may wish to provide the Facebook ID, email address and/or the name of a friend. You are not to provide any information about other people without their consent. We may store such information for current or future business or marketing purposes, and may use that information in the same manner as the information we collect about you.

C. Sweepstakes, Contests, Surveys and Other Promotions

To participate or obtain the benefits that may be available from any NOG sweepstakes, contests, surveys, or other promotions, you may be asked to provide additional information (such as information required for tax purposes). This information, along with information we already have about you, may be collected by NOG or by third parties such as co-sponsors or vendors related to the foregoing, or it may be shared between NOG and third parties. If you become aware of the identity of such third parties in any way, it is your responsibility to review their privacy statements to see how they may use any information that they collect.

D. Online Purchases and Technical Support

When you make any online purchase from NOG (including but not limited to any subscription or in-game purchase), we may require additional information (such as your name, credit card number, credit card expiration date, credit card ZIP code, credit card billing address, and credit card security/verification code(s)) in order to fulfill the purchase according to our provisions and conditions.

E. Online Websites or Services

When use any NOG Website or service, your IP address may be stored in our records. When any NOG Website or service is updated or “patched,” a software routine may check your computer to see that you have the most recent version of necessary software. When you communicate within any NOG Website or service or any other communication feature related to any NOG Website or service, even if such communication is labeled as somehow “private” with another person, you do so with the understanding that those communications may go through our servers and may be monitored by NOG or third parties. You are expressly waiving any expectation or right of privacy and confidentiality (if any) that you may have in and to your communications when using any NOG Website or service communication features, and you expressly consent to the monitoring and storage of these communications by us.

F. Third-Party Services

Certain NOG services may be provided to you in conjunction with a third party. During the registration process for any such Websites or services, you may be notified that a third party wishes to access some of your information. You may be given an opportunity to decline to share that information with that third party before any such information is shared. If you decline to share such information with that third party, you may not be able to use the relevant Website or service, or in the event of Sweepstakes, Contests, Surveys or Other Promotions, you may not be allowed to participate in the foregoing (including but not limited an NOG Game tournament). Any third party use of such information is governed by the privacy statement (if any) that such third party may have in place, and may differ substantially from this privacy statement.

G. Consent to Monitor

When using any NOG Game, Website or service, your system specifications (such as OS, RAM, video card, monitor, system configuration, crash data etc.) may be reviewed/recorded by us for any purposes we deem appropriate (such as analyzing and optimizing your any NOG Game, Website or service). An NOG Game, Website or services may monitor the contents or other details related to computer’s random access memory (“RAM“), hard drive(s), or media access control (“MAC“) address. We may do the foregoing for any reason we deem appropriate, including the detection of third party programs running concurrently with an NOG Game, Website or service which, in NOG’s sole determination: (i) enable or facilitate cheating of any type; (ii) allow users to modify or hack the applicable NOG Game, Website or service; or (iii) intercept, “mine” or otherwise collect information from or through an NOG Game, Website or service (an “Unauthorized Third Party Program“). In the event that NOG detects an Unauthorized Third Party Program, NOG may be notified in any manner available and may obtain any information we deem appropriate (such as details about the Unauthorized Third Party Program detected and the activities or functions performed thereby, additional details about your computer, and additional information we have not previously collected about you), and NOG may exercise any or all of its rights and remedies under any applicable NOG Game, Website or service user agreement, or contact prosecutorial authorities, without prior notice. You are expressly waiving any expectation or right of privacy and confidentiality (if any) that you may have related to such monitoring and the actions may take related to such monitoring when using any NOG Game, Website or service communication features, and you expressly consent to such monitoring and storage of information related to such monitoring.

Information on cookies and related technology

Any NOG Website or service, and some services and advertisements displayed or made available thereon, may utilize “cookies,” “single-pixel GIFs,” “clear GIFs,” “frames,” server log analysis and other technology. A cookie is a piece of data that is sent to your browser, which will store the cookie on your computer if your browser is enabled to accept cookies.

NOG uses cookies, single-pixel GIFs, clear GIFs, frames, server log analysis and other technology to:

store information about your preferences related to NOG Websites, subsites and services;
estimate our audience size and usage patterns;
speed up searches; and
recognize you when you return to an NOG Website.

Certain cookies are required to allow or facilitate electronic communications or are necessary to allow the provision of online services at the request of the user. NOG does not control cookies in third party ads, and visitors are encouraged to check the privacy statements of advertisers and/or ad services to learn about their use of cookies and other technology.

How we use and share the information that we collect from you

A. How we use information that we collect from you

We may use the information we collect from you to enable us to:

provide you with technical support, customer service, and account maintenance;
learn what you like;
tailor your experience on any NOG Website, subsite or service;
to improve an NOG Website, subsite or service and our other products and services;
provide services or products you request;
provide you or third parties with marketing related information or other information;
allow you to participate in or use NOG communication features;
allow you to play an NOG game (fee-based or otherwise) or download some other game;
allow you to benefit from any other offerings, as the case may be, such as sweepstakes, contests, surveys, or other promotions;
manage NOG information, including information you provide, and respond to your potential orders, requests and online purchases;
inform you of any changes made to any NOG Game, Website, subsite or service; and
inform you of products, services, promotions and offers which you may find interesting.

B. Information we provide to third parties

Where, and to the extent, permitted by applicable laws, you hereby expressly consent to your information being shared with or otherwise transferred by NOG to third parties. We may provide any or all of your information to third parties for any purpose we deem appropriate, including but not limited to marketing purposes. We may also provide any or all of your information to law enforcement or other appropriate third parties in connection with criminal investigations, investigation of fraud, infringement of intellectual property rights, or other suspected illegal activities, or as otherwise may be required by applicable laws or court orders, or, as we deem necessary in our sole discretion, in order to protect the rights, property or safety of NOG, our customers or others.

We may provide any or all of your information to third parties that assist us in fulfilling user requests. This may include, but is not limited to, fulfillment houses, billing services, transaction managers, credit verification services, and other third party service providers.

We may provide any or all of your information to third party processors so that it can be administered and processed as set forth in this privacy statement and the NOG Terms of Service, and we may also share details with third parties (such as auditors or legal advisors) in order to obtain professional advice. If you don’t want us to share your information with third parties, you can “opt-out” in the manner discussed under “Your privacy.” If you choose to “opt out,” NOG may in its sole and absolute discretion choose not to permit you access, in whole or in part, to any NOG Website or service.

You are deemed to have consented to the disclosure to, and use by, any subsequent owner or operator of any NOG Website or service with respect to any information contained in any NOG database. If NOG or one of its related companies may assign all of its rights and obligations regarding the use of your information at the time of a bankruptcy, merger, acquisition, sale of all or substantially all of the Website’s assets to a subsequent owner or operator, or similar event.

Information about co-provided NOG Websites or services

Certain NOG Websites, subsites or services (including games) may be provided to you in conjunction with a third party. During the registration process for such Websites or services, you may be notified that such third party wishes access to some of your information. In such a situation, may be given an opportunity to consent to the sharing of that information before such information is disclosed to the applicable third party.

Information about links and third parties related to any NOG Website or service

This privacy statement applies only to information collected online by NOG through an NOG Website or service maintained by NOG and affiliated companies that NOG may own or control. From time to time, we may provide links to third party Websites. This privacy statement does not apply to third party Websites, whether we provide a link to such Websites or not, so we encourage you to review the policies of all such Websites carefully, as your rights will be governed by those third party policies and not by NOG. Additionally, there may be unauthorized third party Websites that may be providing links from their Websites to an NOG Website or service without our knowledge or control. We are not responsible for the content of any third party Websites, expressly disclaim any statements or assertions made on such Websites, and deny all liability associated with your use of, and the content on, such other Websites or advertisements contained therein.

How you may access, change, or delete the information you have provided to us

You may send an email to us at support@nightowlgames.net. NOG may also give you the ability to access, change, delete and/or update your information and communications preferences. If you ask to have your information removed from our active databases, we will do so within a reasonable time after your request and we will take reasonable steps to ensure that your information is not used (except as may be required by law) by NOG after your notification to us. NOG is not responsible for the use of any information you have provided that has already been obtained by third parties.

Other important agreements that govern your use of an NOG Website or service

In addition to this privacy statement, your rights and obligations concerning an NOG Website or service are governed by the NOG Terms of Service, and where appropriate, the applicable subsite terms of service or terms of sale, as well as any other applicable agreement, terms of use, policies, guidelines, FAQ’s and requirements. When you sign up to use a NOG Website or service, you are to review each agreement carefully, as you must agree to be bound by each such agreement before you may use the relevant NOG Website or service.

Information for persons outside the United States

For persons in the European Union (“EU“) as used herein, “information” may refer to “personal data” as defined by the EU Data Protection Directive and applicable local laws.

Your personal data may be transferred to, stored at, used and processed in the United States (and/or other non- European Economic Area (“EEA“) jurisdictions). Please note that the level of legal protection provided in the United States or other non-EEA countries where any NOG Website or service operates may not be as stringent as that under EEA privacy standards. By using an NOG Website or service, you agree that we may transfer, store, use and process your personal data outside the EEA in connection with the purposes stated in this privacy statement.

In certain countries other than the United States, some of our Websites or services may be provided or controlled by third parties. To the extent that a third party is providing and Website or service to you, you understand and agree that each such third party will collect and use your information in accordance with its own privacy statement (if any). To the extent that NOG collects or retains any of your information, it will be governed by this privacy statement.

Our commitment to secure the information we have collected

In order to provide a degree of protection, NOG employs a security technology known as a secure-socket-layer (“SSL“) to protect the transmission of payment information to NOG. While NOG takes reasonable precautions against possible breaches of its databases, no Website or Internet transmission is completely secure. Consequently, NOG cannot and does not guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. NOG urges you to take steps to keep your information safe by memorizing passwords or keeping them in a safe place (separate from any account information), logging out of your accounts, and closing your web browser(s). NOG also urges you not to provide us with any information you do not want third parties to obtain, whether that information is provided to third parties by us, voluntarily or otherwise, or whether that information is further distributed by such third parties.

Notice of changes to this privacy statement

NOG reserves the right to change this privacy statement at any time by notifying registered users via email of the existence of a new privacy statement and/or posting the new privacy statement on an NOG Website or service. All changes to the privacy statement will be effective when posted, and your continued use of any NOG Website or service after the posting will constitute your acceptance of, and agreement to be bound by, those changes.

Contact

Questions, comments and requests regarding this privacy statement are welcomed and should be addressed to:

Email: support@nightowlgames.net
Mail: Night Owl Games, Privacy Officer, 1250 Wood Branch Park Dr., Suite 625, Houston, Texas 77079
Non-English speaking users are required to follow our Terms of Service and are solely responsible for obtaining assistance in understanding and complying with all legal obligations related to any interaction(s) with NOG