Last updated June 12, 2023
Cloud9 will collect both personal information and non-personal information (collectively, the “Information”) and act as the data controller regarding your personal information. “Personal information” is:
2. INFORMATION WE COLLECT AND HOW WE USE IT
Cloud9 collects information about you from you and other sources. As set out below in more detail, we use and in specific cases combine that Information to operate, tailor content, personalize, adjust, and improve our Properties, and to send you messages or personalized information about our services, including for marketing and promotional purposes.
INFORMATION PROVIDED BY YOU
As set out in more detail below, Cloud9 may collect information from you when you: (A) register for the CloudKey Program, (B) use our Properties (including any web, mobile, and desktop applications provided by Cloud9), including use of social media properties or our game catalog, (C) connect certain accounts to the Properties (including social media accounts), and (D) choose to receive communications on products and services and/or receive marketing emails.
A. Register for the CloudKey Program
You may be asked to sign up or register for the CloudKey Program and/or to have an account to access the CloudKey Program. In connection therewith, we may ask you to provide your full legal name, email address, username, password, and/or Discord ID, or other information that we deem necessary. You decide what information you want to share with us. We ask you not to provide us with information you do not want us to process. If you provide us with feedback or contact us, we will collect your information, such as name and contact information, along with any other content included in the message.
We may also collect personal data at other points in our Services where you voluntarily provide it.
B. Use of Our Properties
When you visit or use our Properties, we may collect, process, and/or combine Information about your use of those Properties, such as, but not limited to, your name, email address, location, a device ID and/or username associated with applicable third-party platforms, social media information, and similar related Information. We may also collect, process, and/or combine such Information, as well as billing information, if you subscribe to a Cloud9 product or purchase a product through the Properties. All personal information shall be kept to a minimum and in accordance with a legal purpose, and we shall not collect excessive data from you.
We may collect, process, and/or combine information about: (1) your network, including your computer’s internet protocol (IP) address, geo-IP data, your internet service provider (ISP), and game services you are running, (2) when third-party platforms and programs are running on your device, (3) platform and program traffic while you run such platforms and programs on your device, (4) and a comprehensive set of network telemetry data (including, but not limited to, your latency and other measures of network stability to various servers and network routers). All of this information will help us improve our product and may be required for us to provide certain Services to you.
C. Connect Your Accounts to the Properties
Cloud9 may provide the functionality of linking your social media or other accounts to the Properties. If you link such accounts to the Properties, Cloud9 gains access to information stored on your social media (or other account’s) page, including for example your photos and videos, your friends list, people you follow, and similar related information. We may use information such as your interests or preferences to group you with other people with similar interests or preferences and place you into a market segment.
Cloud9 has no responsibility for any information you provide to third-party websites and marketplaces (including those relating to the games we show in our game catalog). Please refer to our Terms of Service and the third-party provider’s privacy policies for more information.
D. Receive Newsletters on Products and Services and/or Receive Marketing Emails
Cloud9 may offer you the ability to receive newsletters or marketing periodically by email about our products and services, and the products and services of Cloud9 affiliates. You can stop receiving further newsletters or marketing emails by unsubscribing from the link in the footer of each email we send to you.
E. Use of Your Information
Cloud9 may use your information for the following purposes:
INFORMATION PROVIDED BY OTHER SOURCES
We may also obtain Information about you from other sources. We only collect Information from other sources where they have confirmed to us that they are legally entitled to share it with us or you have authorized us to do so. These other sources may include advertisers, app developers, social media partners, and others. For example, one of our partners could inform us about the purchases you have made in its store or a download you made of the partner’s game.
We may receive personal data about you from third-party companies’ products and/or services that are used in conjunction with our Services or whose products and/or services may be linked to our Services. For example, third-party game developers/publishers may provide us with information you choose to share with such third-party providers. This additional data may be added to the data already collected from or about you through our Services.
3. MINORS AND PARENTS
We acknowledge that minors have the right to specific protection with regard to their personal information, since they may be less aware of the risks, consequences and guarantees involved. Specific protection applies, for example, to the use of minors' personal information for marketing purposes or to the preparation of personal or user profiles. Based on the foregoing, minors under the age of 16 in the United States are prohibited from using the Properties without their parents’ consent.
Cloud9 does not knowingly collect or store any personal information from minors under the age of consent in the jurisdiction where the minor is located without parental consent. Furthermore, Cloud9 does not knowingly collect or store personal information from any minors under the age of 13, from anywhere in the world. Minors under the age of 13, regardless of what jurisdiction they are located in, are prohibited from using the Properties. However, we may collect technical information required for delivering the service and for the support of our internal operations from all users of our Properties. If parents/guardians believe that we have unintentionally collected their children’s other personal information or otherwise used their children’s personal information for another purpose, they may reach out to us via Contacting Us section below. Parents/guardians should contact Cloud9 immediately if they have any concerns.
4. YOUR CHOICES
You have choices over the Information provided by you and by other sources, and how that Information is used by Cloud9. You can exercise your choices by (i) changing your personal profile, if applicable, (ii) unsubscribing from any email newsletter or messaging system, or (iii) as applicable, following the procedure described in the Contacting Us section below. Unless you direct us not to, we may share your information with reputable third parties so that they may contact you to offer products, services, and promotions, such as sweepstakes and contests, that you may find valuable.
YOUR CHOICES ABOUT INFORMATION PROVIDED BY YOU
If you do not want to provide Cloud9 with personal information, then you can choose not to provide it. Please note that if you choose not to provide us with personal information, we may not always be able to provide you with the relevant Cloud9 services or product that you want. For example, without providing an email address, you will not be able to sign up for Cloud9 newsletters.
YOUR CHOICES ABOUT INFORMATION PROVIDED BY THIRD PARTIES
You may be able to control how third parties collect and share your Information by changing your preferences or opting out of collection directly with those third parties. Before disclosing Information to third parties, we recommend you check their respective privacy policies for further details.
YOUR CHOICES ABOUT CLOUD9 USING YOUR INFORMATION
You can exercise choices over how Cloud9 uses your personal information and update your preferences at any time:
If you opt out of receiving email marketing communications from us, please note that we may still contact you occasionally to provide you with Service-related information.
If you are a user located in the EEA and would like to know more about your GDPR rights in connection with your personal information, please see the Users in the EEA section below.
5. SHARING INFORMATION
As set out below in more detail, Cloud9 shares Information:
Please note that any information, including personal information that you reveal in a bulletin board, message board, chat room or other public forum is publicly viewable. When you post personal information publicly through the Properties, it may be viewable by other users of these sites, and we cannot prevent further use of the personal information by third parties.
We will disclose your Information in the good faith belief that we are required to do so by law, including but not limited to disclosure to law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you, us, or our affiliates to legal liability.
This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.
We disclose your Information to third parties where we believe this is necessary to protect the rights, property, or safety of any person. For example, we disclose Information relating to an online account if we in good faith believe the user of that account is using it in ways that are harmful to others (e.g. making inappropriate contact with minors).
SALE OF OUR BUSINESS OR ASSETS
Separately, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, Cloud9's customer information, including Information and communications, may be transferred to our successor or assign.
Cloud9 takes a range of security measures designed to protect your personal information and keep it confidential (unless it is non-confidential by nature, for example, publicly available information). We also take steps to ensure that the personal information collected is protected from misuse and alteration. In addition, we request vendors who process personal information on our behalf to themselves take a range of security measures designed to help protect your personal information. However, the Internet by its nature is not a secure environment and the nature of security risks is constantly evolving, as are the technical and organizational industry standards relating to management of those risks. The complete security of any personal information collected, stored, or used by us or our vendors cannot therefore be guaranteed.
7. ACCESSING INFORMATION AND RETENTION PERIOD
If for any reason you are concerned with the way we are using your personal information, or would like to correct, view, update, or request that we delete such personal information, you can send your request to us using the Contacting Us section below.
8. CONTACTING US
CONTACT ADDRESS: email@example.com
9. IMPORTANT NOTICE
For privacy-related information applicable to users who are California residents or based outside the US, please see below.
Please note your use of the Properties is also subject to the CloudKey Terms of Service that you agreed to and that is available on the Properties.
10. YOUR CALIFORNIA PRIVACY RIGHTS
Since 2005, California Civil Code Section 1798.83 permits users of the Properties who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not share Cloud9 Property users’ personal information with unaffiliated third parties for their own direct marketing purposes, without the Cloud9 Property user’s approval.
The California Consumer Privacy Act of 2018 (the “CCPA”) grants you the following rights with regard to the personal information we collect about you: (i) the right to know what personal information we have collected about you, and the purpose for which it was collected; (ii) the right to request that we delete any personal information we have collected from you (subject to certain exceptions, as outlined in the CCPA); (iii) the right to opt-out of the sale or sharing of your personal information with third-parties; and (iv) the right to non-discrimination for exercising your rights herein. For the avoidance of doubt, we do not sell your personal information, but if we did, California residents would have the right to opt out of the sale of your personal information, pursuant to the rights granted above.
User Notice: We may share your personal information regarding your interaction with the Properties with third-party service providers, only to the limited extent necessary to perform Cloud9’s legitimate business and operational purposes. We may share this information with third-party service providers in order to (i) optimize your use of the Properties; and (ii) assist us with further development of the Properties. The applicable service providers do not further collect, sell, or use your personal information except as necessary to perform the business purposes detailed herein. Nothing in the paragraph effects the rights of California residents detailed in this Section 10. If you opt-out of allowing use to share your personal information to perform Cloud9’s legitimate business and operational purposes, it may affect the quality of the Properties, and your ability to use all functions of the Properties.
If at any time you wish to opt-out of having your personal information shared with third parties please send us an email at firstname.lastname@example.org, with the subject line “California – Do not Share My Personal Information.” To stop receiving information from Cloud9 (via e-mail or postal mail) about new products, services, or promotions, and/or otherwise exercise the rights granted herein, please contact us at email@example.com. For more information, see the Contacting Us section above. We will be happy to honor your request.
The California Privacy Rights Act (the “CPRA”) amended and expanded the existing CCPA laws governing consumer privacy and data rights for California residents. CPRA grants special protection to California consumers’ data pertaining to government identifiers, financial account login information, precise geolocations, genetic data, biometric information, race, ethnicity, religious and/or philosophical beliefs, union memberships, content of non-public communications, and data relating to your sex life and/or sexual orientation (collectively, “Sensitive Personal Information”). In addition to the rights granted by the CCPA, the CPRA grants California residents the following rights regarding the personal information we collect: (i) the right to request that we limit our use and discloser of your Sensitive Personal Information; (ii) the right to correct any inaccurate personal information; and (iii) the right to opt-out of the sharing of your personal information with any third-party. Cloud9 does not currently meet any of the legal thresholds which would subject Cloud9 and your personal information to the CPRA; if Cloud9 meets the applicable legal thresholds, Cloud9 shall comply with the CPRA and your rights granted thereunder.
CALIFORNIA PRIVACY RIGHTS FOR MINOR USERS
Since January 1, 2015, California Business and Professions Code Section 22581 permits you, if you are a California resident under the age of 18, to view, correct, or delete Information provided by you or publicly posted by you. You may do this by contacting us in accordance with the Contacting Us section above and asking us to delete certain posted content.
We will be happy to review, update or remove Information and/or content as appropriate. Residual copies of Information and/or content that have been deleted may remain in our backup systems. We may still retain your Information to resolve disputes, enforce our user agreement, or comply with legal requirements; in this case, your personal information will be blocked from use for any other purpose.
11. USERS IN THE EEA
As set out in more detail below, we only process or transfer your personal information where we can rely on legal grounds and appropriate safeguards to do so. You also have additional rights regarding your personal information if you are located in the EEA, since the GDPR then applies to us.
LEGAL BASIS FOR PROCESSING YOUR PERSONAL INFORMATION
We only process your personal information where we can rely on legal grounds to do so. We process your personal information for the purposes set out below.
PERFORMANCE OF THE SERVICES
We process your personal information for the performance of our services, to provide or support of our products, or for any other feature you request or enable. This includes, for example, using your personal information to:
We process your personal information based on your consent. This includes, for example, providing:
We process your personal information where we have a legitimate interest to do so. This includes, for example, processing:
We process your personal information for compliance with a legal obligation to which we are subject.
YOUR RIGHT TO YOUR PERSONAL INFORMATION
You have the following rights in addition to your rights to view, correct, update, or request the deletion of your personal information as set out in detail in the Accessing Information section above. To access your personal information, you can also make a request by contacting Cloud9 according to process detailed in the Contacting Us section.
You may object to the processing of your personal information based on a legitimate interest on grounds relating to your particular situation. You may control the extent to which we market to you, and you have the right to request that we stop sending you marketing messages at any time.
In certain circumstances, you can request that we transfer personal information that you have provided to us.
Where we rely on your consent in order to process your personal information, you have the right to withdraw such consent to further use of your personal information at any time. You can use the methods described in the Accessing Information section above to update your marketing preferences.
For each of the rights described above, you can also send your request to us by using the contact details set out in the Contacting Us section above.
We hope that we can satisfy queries you may have about the way we process your personal information. However, if you have unresolved concerns, you also have the right to complain to data protection authorities. You can bring the complaint in your member state of residence, place of work or where an alleged infringement of data protection law occurred.
12. INTERNATIONAL TRANSFERS
Your personal information will be transferred to and processed in the United States where many of our central databases operate or other countries where our vendors maintain facilities or business operations. In case the GDPR or other data protection legislation does not apply automatically to the processing of personal data, we use European Commission approved contract clauses, or other standard contractual clauses in your jurisdiction, to protect your personal information. However, please note that contracts can be overridden by the criminal, national security, or any other laws of the country to which the information has been transferred. While personal information is in another jurisdiction, it may be accessed by the courts, law enforcement and national security authorities of that jurisdiction. If you have questions, please contact us using the contact details set out in the Contacting Us section above.
13. DISCLOSURE TO USERS OUTSIDE THE US AND THE EEA
14. DO NOT TRACK
Depending on the Property you are using, and the country you are based in, Cookies may be set on your computer or device by either:
1. TYPES OF COOKIES
There are four categories of Cookies (necessary, performance, functionality and advertising), as well as technologies that are similar to cookies, that may be served through our Properties. Cookies may also be set by third parties, including our affiliates, and their vendors and partners.
To learn more about your opt-in and opt-out choices for cookies, please see the Managing Cookies section below. To learn more about your opt-in and opt-out choices for technologies that are similar to cookies, please see the Similar Technologies section below.
Below is a list of the specific Cookies that our Properties may contain.
These Cookies are essential in order to enable you to move around websites or online properties and use their features, such as accessing secure areas of a website. The information collected by these cookies is not used for marketing purposes. If you do not allow the use of this type of Cookies, parts of our Properties cannot be used. The Cookies do not remember which other websites you have visited. Necessary Cookies expire once you close your browser. These are first-party Cookies such as session Cookies.
These Cookies collect information about how visitors use a website or online property, for instance, which pages visitors go to most often, and if they get error messages from web pages. These Cookies don't collect information about the actual identity (e.g., name) of a visitor. All information these Cookies collect is aggregated. They are only used to improve how a website or other online property works. We generally contract with third parties (such as Google Analytics), to provide these services on our behalf. Google uses aggregated statistical information to give us insight into how users use the websites. Google may only provide this information to third parties if Google is required to do so by law, or where such third parties process the information on behalf of Google. The duration of these Cookies is 12 months, and these may be first-party Cookies such as persistent Cookies or third-party Cookies such as Google Analytics.
These Cookies allow the website or online property to remember choices you make (such as the language or the region you are in) and provide enhanced, more personalized features. These Cookies can also be used to remember changes you have made related to accessibility (e.g., text size, fonts) and customization. They may also be used to provide services you have asked for such as watching a video. The information these Cookies collect may be anonymized and they cannot track your browsing activity on other websites. If you refuse the usage of this type of Cookies, we cannot offer as much support to you. The duration of these Cookies is 12 months, and these may be first-party Cookies such as persistent Cookies.
These Cookies are used to deliver advertisements that are more relevant to you and your interests. They also help limit the number of times you see an advertisement as well as measure the effectiveness of the advertising campaign. They remember that you have visited a website and this information is shared with other organizations or advertisers. The duration of these Cookies is 12 months, and these may be first-party Cookies such as persistent Cookies.
Cloud9 may use, combine, and share anonymized or aggregated information obtained from Cookies with third parties such as vendors or advertising partners. For example, we may use information such as interests or preferences to group you with other people with similar interests or preferences and place you into a market segment. We may then display advertisements which we believe people in your market segment will find relevant. We may also share Information obtained from Cookies with third parties such as vendors or advertising networks in order to permit them to provide services on our behalf or to partner with us in selecting and serving advertisements for us or our advertising partners.
These cookies are used to track your movements on our Website. These Cookies are used to collect and track information such as your geo-location and information about how you interact with the website, to assess your interests and preferences, and to better personalize the experience for you on our website. We also use Google Analytics to help us understand how our customers use the website. To use such tracking Cookies, your consent is needed. The duration of these Cookies is 12 months, and these may be third-party Cookies such as Facebook or Twitter. Web beacons, tags, and pixels may also be types of tracking Cookies.
Adobe Flash Player is an application that allows sites to deploy dynamic web content. For example, we may use Flash Cookies to deliver video content to you on our Properties. Adobe Flash and similar applications use technology to remember settings, preferences, and usage in ways that are similar to browser cookies but are managed through a different interface than your web browser. You can access your Flash management tools from http://www.adobe.com/ directly to manage your Cookie settings.
From time to time, we may use web beacons (or clear GIFs) on our websites or other online properties or include them in the email messages we send you. Web beacons (also known as "web bugs," "pixel tags," or "pixels") are small strings of code that provide a method of delivering a graphic image on a web page or in an email message for the purpose of transferring data. We use web beacons to record information about how you browse our website and platform to show you information or advertisements about our products and services. We use the recorded information solely for this purpose and will not share such data with third parties. We may also use web beacons for many purposes, including site traffic reporting, unique visitor counts, advertising, email auditing and reporting, and personalization. For example, we may use these in emails to understand and analyze whether the email was opened, or any links were clicked, in order to improve our future communications with you and other users. As a web beacon forms part of a webpage or email, it does not have the same opt out options as other Cookies. Generally, you can render them ineffective by opting out of any cookies they set, by turning off images in your email service, or by viewing your emails as “text” rather than “HTML.”
If you would like to find out more about Cookies, you may find the following link useful: http://www.allaboutcookies.org/
2. MANAGING COOKIES
Your browser or device may offer settings that allow you to choose whether browser Cookies are set and to delete them. For more information about these controls, visit your browser’s or device’s help material. You can also review your options to manage Cookies by:
If you reject all Cookies, you may not be able to use certain features of our websites and other products and services.
If you wish to opt out of targeted advertisements on Facebook, Twitter, Reddit, and/or Google, or Google Analytics you can do so at:
Please also note that the use of information obtained by third party providers through Cookies placed by them is also subject to their own privacy policies. We encourage you to review the privacy policies of these third-party providers, as their privacy practices may vary from ours.
4. YOUR RIGHTS
If you are located in the EEA, under the GDPR you have the right to access, rectify, port, and erase your data. You also have the right to object to and restrict certain processing of your data. You can exercise these rights by sending an email to firstname.lastname@example.org. When you request access to personal data linked to a Cookie, you must send a copy of the Cookie in question. You can find these in the settings of your browser. To verify your identity, we may request a copy of your registration/national security number and photo identification. Following this request for access, you can request us to correct or delete your personal data. IF you believe we do not handle your personal data carefully, you can contact us via the above contact information. You also have the right to submit a complaint to your national Data Protection Authority.