We refer to our websites (e.g., https://rainygames.co.uk), blogs, Discord, and online forums we operate or may at any time in the future operate as our “Websites”. The games, products, promotions, and services we offer, for example our video games and mobile video games, are referred to as our “Services” or “Software”. Our Websites, Services, and Software may collect information from you, including your personal information, in the manner and means described below.
Personal information is defined individually by governmental entities around the world. We consider personal information to be any data that can be used to identify you such as your name, email, address, identification numbers (such as social security number, employee number, and driver’s license number), your location data, online identifiers (such as your IP addresses, geographic location data and coordinates, and log-on IDs), and any information relating to your physical, physiological, genetic, mental, economic, cultural, or social identity. The personal information we collect is explained below, as well as why we collect it and what we use it for, and you have the right to request this information from us and to request that we remove it from our servers and systems.
If you would like us not to collect or use your personal information, or if you would like us to correct your personal information, please contact us at firstname.lastname@example.org and we will endeavor to remove or correct this information as quickly as possible.
We recognize the importance of protecting children’s privacy online, and we are committed to complying fully with the Children’s Online Privacy Protection Act (COPPA) in the United States and similar statutes and laws around the world. We encourage parents and guardians to discuss with their children what information should be released on the Internet, especially personal information.
Although countries may apply different minimum age guidelines when determining the age at which children can access online content, our Sites, Services, and Software are not intended for children under the age of 13 or the age of majority, whichever is less. Within the United States, we do not knowingly collect personally identifiable information from children under the age of 13. Outside of the United States, we do not knowingly collect personally identifiable information from anyone under the relevant age threshold applicable to the country or jurisdiction where a user may reside. In some geographical areas, our Websites or Services may not be accessible to anyone under the age of 18, regardless of whether a parent or guardian has provided consent
If you are under the age of 13, we request that you do not submit any personal information to us. If we later learn that we have inadvertently gathered personal information from a child under the age of 13, regardless of where that child resides, we will remove this information from our records as quickly as possible
Depending on the manner use our Sites, Services, and Software (including the games and applications you access), we may collect a variety of information and data:
SITES, SERVICES, SOFTWARE. When you log into or access our Websites or Services, or install our Software, we may request or you may provide your email address, username, password, security information, and information to help us in the event we need to contact you, such as your name and telephone number, forum name, third party ID (such as your Steam ID, Xbox Live ID, and PlayStation Network ID) billing information, payment account details, and the shipping address. We use this information to contact you to fulfill your requests, when we introduce new game features or products, to let you know if a problem has been discovered or corrected, and to provide you with news and information that you request from us. Generally, you may access our Websites without providing personal information, although you may be required to provide personal information to access our Software or certain Services so that we can ensure that only authorized users are accessing these products.
INFORMATION YOU PROVIDE ONLINE . When you connect to our Sites, Services, or Software through a third party, we may collect information about you from these third parties, depending on the third party’s terms of service and the privacy settings you have specified. For example, if you access our Software through Valve’s Steam, Sony PlayStation’s platforms and services, Microsoft’s Xbox and Windows platforms and services), Google’s Stadia platform and service, Epic Games platform and services, or other third-party platform or service, we may obtain certain personal information, for example, your full name, profile picture, user ID, login, email address, physical location, gender, birthday, groups and affiliations, and forum posts. We collect this information to identify where our users are coming from and how they found us. We also use this information to identify trends and interests, which helps us to build better products.If you do not want us collecting or using this information, you can often disable this feature through the settings on the third-party sites and services you are using. If we have collected this information and you do not want us to use it or store it, please let us know and we will take steps to ensure it is removed from our servers.
Direct Advertising. We will always ask for your consent before sending you direct advertising, for example if we want to send you an incentive offer by email. If for any reason you receive a direct advertisement from us and believe you did not consent to it, please contact us at email@example.com we will ensure that your name and email address is removed from any future direct ad. You may also review the section below, YOUR RIGHT TO CONTROL OUR USE AND STORAGE OF THE INFORMATION, to better understand your rights and our duties regarding direct advertising.
Sharing Your Information with Law Enforcement. We may release information concerning your use of our Sites, Services, and Software (including, but not limited to, public postings, registration information, network records, and geographic and tracking data) when we believe in good faith that such release is appropriate; to comply with the law (for example, pursuant to a statutory demand, subpoena, warrant, or court order); to protect against fraudulent, abusive, or unlawful use of our Sites, Services, and Software, and to protect our rights and property (including the rights and property of our third-party business partners and affiliates); to enforce any contract between you and us, including with our third-party business partners and affiliates; and if we reasonably believe that a situation involving danger of death or injury to any person requires disclosure.
Security. RainyGames has security measures in place to protect and prevent the loss, misuse, and alteration of the information under our control. RainyGames uses industry standard efforts to safeguard the confidentiality of your personal identifiable information such as firewalls and encryption. While “perfect security” does not exist on the Internet, we work hard to ensure your secure use of our services.
Storage. Your information is stored primarily in the United States. We take prudent security measures to protect you and the information we collect from unauthorized access, alteration, disclosure, and destruction. These measures include encrypting your information on our servers, keeping your sensitive information on a secured server behind a firewall, transmitting sensitive information (such as a credit card number) entered on our site or mobile application using secure socket layer technology (SSL), periodic reviews of our data collection practices and platforms, and physical security measures that guard against unauthorized access to systems where we store your information.
Retention. We will keep your information only for as long as reasonably necessary, including while your account is active and for so long as it may be required to fulfill our legal obligations. If you would like us to delete your account or request that we no longer use your information, please contact us at firstname.lastname@example.org.
In the event we suspect your data has been compromised, we will contact you within 72 hours of when we become aware of such an event. If you would like to verify that your information is secure, we will do our best to reply to such requests as soon as possible. Please contact us at email@example.com.
Passwords. Please keep your passwords safe and secure. Do not disclose your password to any third parties or share it with any third parties and periodically change your password to help reduce the risk of unauthorized access to your account information. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. If your password has been compromised for any reason, you should change it immediately. You may also contact us at firstname.lastname@example.org for assistance.
Using our Blogs, Forums, and other Online Functions. Be aware of who you are communicating with and what information you provide to others. Our Sites, Services, and Software may allow you to contribute to blogs, forums, boards, to receive and participate in newsfeeds, to provide others with status updates and postings made by us and other Websites Services, and Software users, and to otherwise post, share, and contribute information publicly, whether through messages, invitations, chats, photos, wall posts, or other functions (“Public Postings”). Nothing requires you to disclose your identity to others through these public postings, and you should always keep in mind that these will be visible to anyone who has access to our Sites, Services, or Software. In certain instances, this same information may be visible through general Internet searches and other means of obtaining Internet information. For example, certain software tools and technology may allow non-affiliated third parties to copy, cut, and/or post your Public Postings to different locations (including to websites that are not owned or operated by us). This may result in the unauthorized use of your Public Posting information and your unwanted disclosure of this same information to third-party websites, for which we are not responsible, and in some cases, may subject you to liability for the disclosure, including, without limitation, for copyright infringement.
You should always exercise caution in all your Public Postings. We recommend that you do not provide or disclose any personal information when using our Sites, Services, and Software. If you choose to disclose your identity to third parties using any Sites, Services, or our Software, you do so at your own risk. Neither we nor our third-party business partners, affiliates, or developers are responsible for the privacy or security of any information, personal or otherwise, when you choose to communicate or exchange such information using the functionality of the Sites, Services, and Software to post publicly.
Linking to other Services. Be cautious of linking to other services. Our Sites, Services, and Software may contain links to other sites, but we are not responsible for the privacy practices of such other sites and services, and we encourage our users to be aware that when they leave our Sites, Services, and Software through these links, they should always read and understand the privacy policies of those sites, especially those that collect personally identifiable information.
Opting Out. Our Sites, Services, and Software may provide you the opportunity to opt-out of receiving information and solicitations from us even if you did not do so at the start of our services or software. Additionally, and at any time, you have the option of removing your name and e-mail address from any e-mail list we maintain in order to discontinue any such future communications. To ensure removal from any such list, please follow the specific instructions within the specific Sites, Service, or Software you are using. If such Sites, Service, or Software does not provide you such an option, or you are unsuccessful or otherwise have questions, concerns, or problems, please feel free to contact us at email@example.com
CHANGING YOUR Information. You can request that any inaccuracies about your personal information be corrected. You can also ask about whether and why we have your personal information; how we obtained it; what we have done with it; to whom we communicated your personal information; where it has been stored, processed or transferred; how long we will retain it; and the safeguards in place to protect your personal information when transferred to third parties. You can also ask us not to collect or use your personal information for certain purposes. We will respond to your request without undue delay and within 30 days. RainyGames reserves the right to take reasonable steps to verify customer identity prior to granting access or processing changes or corrections.
If you would like to change your personal information or remove it from our records, you have any of the following choices to modify or delete such information from our database: (1) Log in with your password and modify/delete your profile; (2) Send a letter to RainyGames LLC, 1421 Vanilla Bean Dr., Pflugerville, TX 78660; or (3) E-mail us at firstname.lastname@example.org (if you reside in the European Economic Area, mark your email for attention by our Data Protection Officer).
Removing Your Information (Right to be Forgotten). You have the right to request we remove your personal information from our Services and servers. Contact us at email@example.com and we will endeavor to comply with your request as soon as practical and within 30 days. Please note that if you are still using our Services or Software, however, we may require your consent to retain and use such information to continue providing you these Services and Software.
The laws regarding data and information privacy are changing, and we will do our best to comply with the laws and regulations around the world where we collect and use your information. We do our best to comply with all of the following laws and regulations:
Resolving Disputes. You agree that in the event of a dispute between you and RainyGames or RainyGames’ affiliates, third-party developers, or partners, you will make a good faith attempt to resolve the dispute informally for at least sixty (60) days before initiating arbitration (as provided below). This informal, good faith negotiation will commence upon receipt of written notice from you, provided also that your notice includes your full name and address (as the complaining party); the nature and basis of your claim or dispute sufficiently detailed; and the specific relief you seek.
Binding Arbitration. In the event our good faith dispute negotiations fail after the expiration of the 30-day period, as provided in the prior paragraph, you agree that any disputes or claims that you may have against us or our affiliates, third-party developers, or partners will be (except as stated below) finally and exclusively resolved by binding arbitration. Specifically, we each agree that all claims arising out of or relating to this Agreement (including its interpretation, formation, performance, and breach), the parties' relationship with each other and/or your use of the Product shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions.
The above arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability, and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com. Your arbitration fees and your share of arbitrator compensation will be governed by the JAMS Comprehensive Arbitration Rules, but will not incorporate the JAMS Class Action Procedures, and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees.
Further, you understand and agree that regardless of the country or state in which you live, arbitration will take place in Travis County, Texas, and you and we agree to submit to the personal jurisdiction of any federal or state court in Travis County, Texas, to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver. We each further agree that any arbitration related to this Agreement will be conducted in our individual capacities only and not as a class action or other representative action, and we each expressly waive our right to file a class action or seek relief on a class basis. This means you can only bring a claim against RainyGames or RainyGames’ affiliates, representatives, employees, and directors in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception. Notwithstanding our mutual decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Product under this Agreement. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
CHANGES. RainyGames agrees to provide 60-days’ notice of any changes to the arbitration provisions of this Agreement. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.
JURISDICTION AND APPLICABLE LAW. In connection with any dispute between us, whether in arbitration or otherwise shall be interpreted and bound by the State of Texas, United States of America, and United States federal law. We each irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Travis County, Texas USA to resolve any claims that are subject to exceptions to the arbitration agreement.
Severability and Integration. This Agreement and any supplemental terms, policies, rules and guidelines posted on this Website constitute the entire agreement between you and RainyGames and supersedes all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
For users who reside in the European Economic Area, you may contact our Data Protection Officer at firstname.lastname@example.org.
You can also contact us via postal mail at:
Attn: Sydney Stockdale
PO Box 3706
Pflugerville, TX 78691
Copyright © 2021. RainyGames LLC. RainyGames™ is a trademark of RainyGames LLC. All Rights Reserved.