Last Updated: March 1, 2011

ngmoco:) Privacy Policy

As used in this Privacy Policy, “ngmoco”, “we”, “us”, or “our” refer to ngmoco, LLC, and all of its subsidiaries.

Your privacy is important to ngmoco. We designed our Privacy Policy to cover how we collect, use, disclose, transfer and store your information. Please familiarize yourself with our privacy practices and let us know if you have any questions.

Our Privacy Policy applies only to the collection, use and disclosure of personal information that you may decide to provide to us in your use of: (i) our applications for mobile platforms or devices and our web applications accessible on third party social networking services (“SNS”) (collectively, our mobile and web applications are referred to herein as (“ngmoco Applications”), (ii) our game publisher networks, crowd sourcing service and interactive platforms (“Networks”) provided in connection with ngmoco Applications, (iii) our portal for third-party game developers (“mobage Developer Portal”) provided in connection with Third-Party Mobile Applications (defined below), (iv) our web domains and subdomains, including ngmoco.com, plusplus.com and mobage.com (collectively, our “Sites”), and web forums or messaging boards in ngmoco Applications and our Sites (collectively, our “Forums”). Any and all of our ngmoco Applications, Networks, mobage Developer Portal, Sites and Forums are referred to herein as our “Services”.

We reserve the right to update this Privacy Policy at any time. If we modify this Privacy Policy in a material way, a notice will be posted in our Services and on the Sites along with the updated Privacy Policy. We will also update the “Last Updated Date” in the Privacy Policy. By continuing to access or use the Services after we have posted an updated Privacy Policy or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Privacy Policy. If the modified Privacy Policy is not acceptable to you, your only recourse is to cease using the Services.

Please visit this page periodically to remain up-to-date as to any Privacy Policy changes. Take a moment now to read the following to learn about our information collection practices that may impact you as a registered user with full access to our Services (“Full Account”), a user of a Limited Account (defined below), or a non-registered user of our Services (each a “ngmoco User”). For information regarding the collection and use of Personal Information (defined below) from children under 14 years old, see the Section below, entitled “Our Policy Toward Children”.

We Collect Personal Information and Non-Identifying Information

In the course of using our Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your name, phone number, photo representation (“avatar”), email address and mailing address (“Personal Information”). We will collect, use, transfer and disclose Personal Information in accordance with our Privacy Policy.

We also collect non-personal information, which is data in a form that does not permit direct association with you or any specific individual (“Non-Identifying Information”). We may collect, use, transfer and disclose Non-Identifying Information for any purpose; however, we provide details in this Privacy Policy about what Non-Identifying Information we collect currently, and how we use, transfer and disclose such Non-Identifying Information today.

Why We Collect Personal Information

The information that we collect can be Personal Information or Non-Identifying Information, and may be used alone or in the aggregate with information collected from other ngmoco Users. In addition to our collection of such information, you may be asked explicitly to provide Personal Information or Non-Identifying Information anytime that you are in contact with ngmoco or an ngmoco-affiliated company. If your Personal Information or Non-Identifying Information is shared between our affiliates and us, such sharing will be in accordance with this Privacy Policy. Our primary objective is to provide you with a superior and personally relevant user experience.

How we use your Personal Information

Your Personal Information may be used, for instance:

What Information We Collect

One of the instances when we collect your Personal Information is in connection with your registration to join our Services.

Other instances when Personal Information may be collected via our Services include the following:

In connection with our Services or Third-Party Mobile Applications, we may collect Non-Identifying Information such as Device ID, device type, mobile carrier, platform version and geo-location. In addition, we may collect navigation, interaction and engagement information regarding ngmoco Users. This Non-Identifying Information is aggregated and used to help improve our Services and Third Party Mobile Applications by providing a better way to understand the ngmoco User experience with the level of interest in various portions of our Sites, specific ngmoco Applications or specific Third-Party Mobile Applications.

Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (e.g., combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other Non-Identifying Information (e.g., your viewing preferences).

Cookies & Other Technologies

As is standard practice, we use “cookies” to help us study traffic patterns and understand the effectiveness of our marketing communications. A cookie is a small string of text that we send to your computer’s or mobile device’s browser. Other types of cookies exist, but the cookies we use in connection with our Services are only used to obtain browser-specific information. For example, we do not use cookies to retrieve data from your hard drive, pass on computer viruses, or capture your email address. Cookies we use can reveal, for instance, which pages are the most popular, how much time ngmoco Users are spending there, and how they are interacting with the content on such pages.

You have the option to disable cookies by changing the options in your browser to stop accepting cookies or to prompt you before accepting a cookie from the pages you visit. If you do not accept cookies, however, you may not be able to view or use all portions of our Services due to limited functionality.

Some of our Services, including email messaging, use “click-through URLs” linked to other content on our Services. We track this click-through data to help us determine interest in topics, Services usability and other measures of ngmoco User engagement.

We may also use “pixel tags,” “web beacons,” “clear GIFs” or similar means (individually or collectively “Pixel Tags”) in connection with our Services and to collect usage, demographic and geographical location data. A Pixel Tag is an electronic image, often a single pixel that is ordinarily not visible to users and may be associated with cookies on a user’s hard drive. Pixel Tags allow us to count users who have visited certain pages of the Sites, to deliver branded services and to help determine the effectiveness of promotional or advertising campaigns.

When you use our Services or Third-Party Mobile Applications, our servers automatically record information that your browser or the applicable Service or Third-Party Mobile Application sends (“Log Data”). This Log Data may include information such as your computer’s or mobile device’s IP address, browser type, language, Internet Service Provider (ISP), referring and exit pages, time spent, information searched for, time and date stamp, clickstream data and other statistics. We use this information to monitor, analyze and understand trends, for technical administration of Services and Third-Party Mobile Applications, and to gather demographic information about our ngmoco User base as a whole. We, and Third-Party Publishers may use this information for product and services improvements, and in marketing and advertising services.

When We Disclose Your Information Within ngmoco Services

As a user with a Full Account, you may create your own profile, connect with other ngmoco Users of Services, send messages and transmit information through various channels. Please remember that any communications you have via our Services, depending on, for example, the functionality of any ngmoco Application or Third-Party Mobile Application connected to our Services, may reveal your screen name and the content of your communications, making this information publicly available to other ngmoco Users. ngmoco is not responsible for the activities of other ngmoco Users or other third parties with whom you choose to provide your Personal Information or otherwise interact.

With Third Parties for Industry Analysis

In addition to sharing aggregated Non-Identifying Information with Third Party Publishers, we may also share aggregated Non-Identifying Information with advertisers and ad networks (“Advertising Entities”) with whom we have strategic relationships. Unless you specifically opt in to share your Personal Information, the information that we share with these third parties will only be used in the form of Non-Identifying Information to support user trend analyses and demographic profiling. Some Third Party Publishers and Advertising Entities also act as Service Providers (defined below) to us, so in those cases we will share your information as described below.

With Preferred Partners

We may share your username, email address and Device ID (“Specific Shared Data”) with certain of our preferred Third Party Publishers and other business partners (“Preferred Partners”) for those parties to assist us with providing you with the aspect of the Services for which you provided such Specific Shared Data to us, and to use such Specific Shared Data to provide you with information and marketing materials about Third-Party Applications, and other products and services, for example, to further enhance your use of our Services and to augment your gaming and social networking experience generally. We only share Specific Shared Data with our preferred Third Party Publishers pursuant to an agreement under which the Third Party Publisher is obligated to use such data solely for such purposes.

Some Preferred Partners also act as Service Providers (defined below) to us, so in those cases we will also share your Personal Information and Non-Identifying Information as described below. Notwithstanding any other provisions of this Privacy Policy, we only share Specific Shared Data with our Preferred Partners pursuant to an agreement under which the Preferred Partner is obligated to use and disclose Specific Shared Data in compliance with applicable law.

With Third Party Social Networking Services (SNSs)

As a user with a Full Account, you may link your ngmoco account information with certain SNSs where other ngmoco Users have existing SNS accounts. In these instances, with your permission and on your behalf, we will share your email address and screen name or alias with the applicable SNS. Through use of such services’ application programming interfaces (APIs) we can receive certain information (which may include your Personal Information) in accordance with the privacy settings you have set in your SNS account, if any.

Other than what we may share with the SNS in connection with your linking of accounts, the personal information an SNS has about you is obtained by the SNS independent of our Services. Other services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other services you use.

With our Service Providers

Disclosure of your Personal Information and Non-Identifying Information may also occur where we engage or employ service providers, vendors or other third party entities to facilitate provision of our Services (each a “Service Provider”) (e.g., without limitation, improvement of our Services’ features, user account authentication, promotion and marketing, administration, analytics, virtual currency transactions, crowd-sourcing, cloud storage and other related services), to provide the Services on our behalf, or to assist us in analyzing how our Services are being used. Our Service Providers may have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Under Special Circumstances

At times, we may disclose information about you to law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of ngmoco or a third party, to protect the safety of the public or any person or to prevent or stop activity we may consider to be or to pose a risk of being, any illegal, unethical or legally actionable activity.

Under another special set of circumstances, for example, in connection with a merger, acquisition, reorganization or sale of assets, or in the event of bankruptcy, we may sell, transfer or otherwise share some or all of ngmoco assets, including your Personal Information.

Our Policy Toward Children

We are committed to compliance with the Children’s Online Privacy Protection Act (“COPPA”). Consequently, we do not collect Personal Information from children under age 14 (“child” or “children”) in a manner inconsistent with COPPA, and we have developed an anonymous user experience that delivers a limited version of our products and services for children, as described below.

Creation of a “Limited Account” - Email Address Anonymization.

When a ngmoco User chooses to register to join our Services, the ngmoco User is asked to select a user name and password. In order to determine who is younger than 14 years old, we ask the ngmoco User to enter birth month and year at the start of the registration process. If the ngmoco User indicates that he/she is a child, we collect and/or process the information provided by the child to create a Limited Account.

A “Limited Account” is a ngmoco account where the ngmoco User can enjoy a limited version of our Services, but cannot disclose Personal Information about themselves via our Services. When a ngmoco User indicates that he/she is under age 14 and attempts to register with our Services we ask that ngmoco User to provide the following information: (i) his/her first name only; and (ii) his/her email address. The email address is collected for the sole purpose of providing email reminders for password resets to the ngmoco User once he or she completes registration for a Limited Account. When the email address is provided by the ngmoco User, our system immediately alters the email address by “hashing” the email address and assigns that data an anonymous ID number such that the email address cannot be reconstructed by us into its original form, but the “hashed” form can be used for our password reminder system. This process reflects guidance provided by the Federal Trade Commission (“FTC”). For more information on COPPA and the FTC’s compliance recommendations you can visit http://www.ftc.gov/privacy/coppafaqs.shtm.

Our practices regarding collection of Non-Identifying Information, including Device IDs, and our practices regarding use of Cookies and Other Technology and Log Data described above in this Privacy Policy, apply to all ngmoco Users including children who hold a Limited Account.

In certain ngmoco Applications, an ngmoco User may participate as a non-registered ngmoco User through optional registration. This allows an ngmoco User to play the game in a limited capacity. Ngmoco does not collect any Personal Information or Non-Identifying information, other than Device ID, for non-registered users. ngmoco cannot and does not ensure the preservation of game data that is associated with any non-registered account.

Location-Based Services

For location-based Services, we may collect, use, and share precise location data, including the real-time geographic location of your computer or mobile device. Unless you explicitly opt-in to permit the use and sharing of your Personal Information regarding your geographic location, your location data will only be collected and used anonymously in a form that does not personally identify you. When you opt in to Third-Party Application providers’ location services, we will share your geographic location with such Third-Party Application providers in connection with their location services. Please note that some location-based services may require your Personal Information for the feature to work as intended.

Invite-A-Friend

If you choose to use our referral services to tell a friend about our Services, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to use an aspect of our Services. ngmoco hashes these email addresses after using them for the sole purpose of sending this one-time email.


Find-A-Friend

After an ngmoco User logs into his or her Full Account or Limited Account, the ngmoco User can access the find our find-a-friend feature. We present ngmoco Users with options to search for a friend or group of friends. Options include, but are not limited to, searching one of our Networks, scanning the ngmoco User’s mobile device, and scanning the ngmoco User’s Facebook, Google or Yahoo! contacts. The ngmoco User may either add an existing ngmoco User, or invite a friend to join the Service through the third-party service. To facilitate, ngmoco will provide interfaces to authenticate to such third-party service. We do not store the ngmoco User’s login credentials. The ngmoco User who uses this feature is bound by the terms of the third-party service. 



Emailing Via a ngmoco Application

ngmoco Users may send pre-formatted messages through use of their personal email account connected to their mobile device to, for example, challenge their friends to beat their high score in an ngmoco Application where this functionality is available. ngmoco may store the email address of the friend that you choose to email via our Services, but would only do so for social purposes such as generating friend recommendations (e.g., in connection with “people you may know” functionality). The message you initiate will be sent through your personal email account to the email addresses you choose.

How We Protect Your Personal Information

ngmoco takes your privacy very seriously and employs administrative, physical and electronic measures to safeguard your information from identity theft and unauthorized access. We do not and will not, at any time, request your credit card information, your account ID, login password or national identification numbers in a non-secure or unsolicited communication (e.g. via e-mail, telephone, mobile device).

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Sites in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Changing or Removing Information

As a user of a Full Account, your may update or delete the Personal Information in your profile by logging into your account. You may also email us at privacy@ngmoco.com to request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes. Specific Shared Data cannot be retrieved from Preferred Partners after its disclosure.

Where you share information with other users through the communication channels of our Services, you generally should not expect to have any ability to modify or remove such communications. Nor should you expect us to modify or delete your comments upon your request.

If you participate in a Promotion hosted by us (where you may or may not disclose the information requested), you have the option to opt out at any time from such participation and the receipt of any related communications. Please follow the unsubscribe instructions provided in the relevant communications.

If your friend received an invitation from ngmoco per your referral to try the Services, your friend may request that the name and email address used in the invitation be removed from ngmoco’s records. We store this information for the sole purposes of measuring the effectiveness of our referral program and sending the email you initiated, but your friend can request to have it removed from our database by emailing us at privacy@ngmoco.com.

Links to Other Websites and Services

Our Services may contain links to other websites and online services or offers from third parties. For example, our Services may include offers from third party advertisers or the ability to engage in transactions with such entities. Ngmoco Users with Limited Accounts are not provided access to offers made by third party advertisers requesting Personal Information via our Services. If an ngmoco User with a Full Account chooses to participate in offer-linked information requests or “clicks on” an advertisement or another third party link, such ngmoco User may be directed to that third party’s website or service and/or be prompted to provide Personal Information in connection with such activity.

The fact that we link to a third party website or service is not an endorsement or representation of our affiliation with that third party, nor is it an endorsement of such third party’s privacy or information security policies or practices or their compliance with laws. We do not exercise control over third party websites or services. These other websites or services may place their own cookies or other files on your computer or mobile devices, collect data or solicit personal information from you. Other websites and services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites and services you use and the terms of the offers in which you participate. You agree that ngmoco is not responsible for, nor will it be liable to you or any third party for, your interaction with such third parties or the information requests initiated by such third parties or the subsequent use, treatment or dissemination of the information you voluntarily choose to provide to them.

International Users

Information that you provide may be transferred or accessed by entities around the world as described in this Privacy Policy. If you are located outside the United States and choose to provide information to ngmoco, we transfer Personal Information to and process it in the United States. Your consent to this Privacy Policy followed by your submission of Personal Information represents your agreement to that transfer.

ngmoco abides by the safe harbor framework (“Safe Harbor”) set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from individuals who reside in the European Economic Area and Switzerland. As detailed in this Privacy Policy, we specifically agree to comply with each of the seven Safe Harbor privacy principles: Notice, Choice, Onward Transfer (Transfers to Third Parties), Security, Data Integrity, Access and Enforcement.

Individuals who wish to file a complaint or who take issue with our Safe Harbor policies should direct such communication to us as specified in the Contacting Us section below. If you are sending us a privacy-related complaint, please provide it in English because this will help expedite the process.

We will investigate and attempt to resolve complaints regarding use and disclosure of personal information in accordance with the principles contained in this Privacy Statement. For complaints that cannot be resolved between ngmoco and a complainant, we agree to participate in the dispute resolution procedures of the panel established by the European Union Data Protection authorities to resolve such disputes.

Your California Privacy Rights

California Civil Code Section 1798.83 permits customers of ngmoco who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If you are a California resident and have provided ngmoco with personal information within the last year, you may make such a request by emailing us at the following email address with the email’s subject titled as “California Privacy Rights”: privacy@ngmoco.com.

Within 30 days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for such third parties’ direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. A request may be made no more than once per calendar year and we are not required to respond to requests made by means other than through the email address above.

Contacting Us

If you have any questions about ngmoco’s Privacy Policy or information practices, please contact us at privacy@ngmoco.com, by phone at 415-375-3170 or by regular mail at Privacy Officer, ngmoco, LLC PO Box 77621, San Francisco, CA 94107-7621.

We self-certify compliance with:

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