Privacy Policy

1. Introduction

This Privacy Policy describes how Midwest Games (“Midwest Games,” “we,” “our,” or “us”) collects, uses, and discloses information about you as well as your choices regarding such information. For purposes of this Privacy Policy, unless otherwise stated, “information” or “personal information” means information relating to an identified or identifiable individual, and does not include aggregate information or information that does not identify you.

This Privacy Policy applies to information we collect where we control the purposes and means of processing. Specifically, it applies to information we collect through any of our games, apps, websites, emails, advertisements, and other online services or products that link to this Privacy Policy (the “Service”). It does not apply to information collected by third parties.

Please note that your use of the Service is subject to our Terms of Service and End User License Agreement and any other applicable terms (collectively, “Additional Terms”).

Some regions provide additional rights by law, as described below:

• California
• Nevada
• European Economic Area, Switzerland, and United Kingdom
  

For our contact details, see the Contact Us section below.‍

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2. How We Collect Information‍

We collect information about you in a variety of contexts, as described below.

Information You Provide through the Service

When you use the Service, you may be asked to provide information to us. The categories of information we collect include:

• Contact & Profile Identifiers, including your digital storefront or platform ID, name, email address, and gamer data.
  

• Characteristics or demographics, including your country (non-precise location).
  

• Commercial or transactions information, including records of products or services you considered, purchased, or obtained.
  

• User-Generated Content, including content within any messages you send to us (such as reports or customer support requests).
  

Please do not provide any information that we do not request.

Information from Your Desktop, Console, or Mobile Device

When you use the Service, we and third parties we work with automatically collect information from your desktop or browser, console, and/or mobile device, as applicable. The categories of information we automatically collect include:

• Device information, including your device’s operating software and/or browser (e.g., type, version, and configuration) and regional and language settings.
  

• Device identifiers, including your device’s IP address.
  

• Internet activity, including information about your browsing history and interaction, such as the features you use, pages you visit, content you view, time of day you browse, and referring and exiting pages.
  

This information is automatically collected through certain tracking technologies incorporated into our Service, as described below:

• ‍Cookies. Cookies are browser-based text files which are dropped on your browser when you visit a website, open or click on an email, or interact with an advertisement. There are various types of cookies, including session cookies (which are cookies that expire when you close your browser) and persistent cookies (which are cookies that do not expire until a set expiration date or you manually delete them). Cookies may be first party (which are cookies served directly by us) or third party (which are cookies served by third parties we work with).

• ‍Pixels. Pixels (also known as web beacons) are code embedded in a service. There are various types of pixels, including image pixels (which are one-pixel transparent images) and JavaScript pixels (which contain JavaScript code). Pixels are often used in conjunction with cookies. When you access a service that contains a pixel, the pixel may permit us or a third party to collect information from your browser or device, or to drop or read cookies on your browser.
  

• Software Development Kits and other Tracking Technologies. Some of these tracking technologies are included in mobile apps, digital distribution platforms, and consoles (i.e., not browser-based). For example, our games and apps may include Software Development Kits (“SDKs”), which are tools released by third parties that provide certain functionality. When you access our Service, these tracking technologies may permit us or a third party to collect information from your desktop, console, or mobile device.
  

We use these tracking technologies for a variety of purposes, including to help make our Service work, personalize your experience, prevent fraud and assist with security, perform measurement and analytics, and provide advertising.

For details on your choices around these tracking technologies, see the Your Privacy Choices section below.

Information from Other Sources

We also collect information from other sources. The categories of other sources from which we collect information include:

• Business partners that offer co-branded services, sell or distribute our products (such as Steam, Nintendo eShop, the Apple App Store, and other digital storefronts), or engage in joint marketing or promotional activities.
  

• Third party vendors and related parties we work with in connection with receiving analytics, security, and fraud prevention services.
  

• Social media platforms with which you interact. For example, when you engage with our content on social media (such as through our brand page or direct messages), we may collect information such as your contact identifiers and any comments you provide. We may also receive additional information from the social media platform that you have authorized the platform to disclose to us. If you publicly reference our Service on social media (such as by tagging us or using a hashtag associated with us in a post), we may use your reference on or in connection with our Service.
  

• Public sources, such as information in the public domain.
  

Sensitive Information

To the extent any of categories of information we collect are sensitive categories of information under applicable law, we process such information only for the limited purposes permitted by applicable law. We do not sell or use sensitive categories of information for purposes of targeted advertising or to make inferences.

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‍3. How We Use Information‍

We collect and use information in accordance with the practices described in this Privacy Policy. Our purposes for collecting and using information include:

• Providing services. We use information to provide our services and products to you, including to support game operation and provide customer or technical support.
  

• Communications. We use information to communicate with you about updates, security alerts, changes to policies, and other transactional messages. We also use information to personalize and deliver marketing communications to you. Communications may be by email.
  

• Analytics and improvement. We use information to understand trends, usage, and activities, for example through surveys you respond to and tracking technologies that we incorporate into the Service (such as Google Analytics). We also use information for research and development purposes, including to improve our services and make business and marketing decisions.
  

• Advertising. We work with agencies, ad networks, technology providers, and other third parties to place ads about our products and services on other websites and services. For example, we place ads through Google and Facebook that you may view on their platforms as well as on other websites and services. As part of this process, we incorporate tracking technologies into our own Service as well as into our ads displayed on other websites and services. Some of these tracking technologies may track your activities over time and across non-affiliated services and obtain or infer information about you for purposes of showing you relevant advertising based on your preferences and interests (“targeted advertising”).
  

• Promotions. When you voluntarily enter a promotion, we use information as set out in the official rules that govern the promotion as well as for administrative purposes and as required by law. By entering a promotion, you agree to the official rules that govern that promotion, and that, except where prohibited by applicable law, we, the sponsor, and related entities may use your name, voice and/or likeness in advertising or marketing materials.
  

• Security and enforcement. We use information to prevent, detect, investigate, and address fraud, breach of policies or terms, or threats or harm.
  

• Recruitment. We use information to make decisions about recruiting and in anticipation of a contract of employment.
  

• At your direction or with your consent. We use information for additional purposes where you direct us to use it in a certain way or with notice to you and your consent.
  

We may aggregate or de-identify information so it is no longer considered personal information. We may use non-personal information for any purpose to the extent permitted by applicable law. For details on your choices around use of your information, see the Your Privacy Choices section below.‍

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4. How We Disclose Information.

We disclose the information we collect in accordance with the practices described in this Privacy Policy. The categories of persons to whom we disclose information include:

• Service providers. Many of the third parties we work are service providers that collect and process information on our behalf. Service providers perform services for us such as payment processing, marketing and advertising, website hosting, and technical support. To the extent required by law, we contractually prohibit our service providers from processing information they collect on our behalf for purposes other than performing services for us, although we may permit them to use non-personal information for any purpose to the extent permitted by applicable law.
  

• Third-party vendors and related parties. Some of the third parties we work with independently control the purposes and means of processing your information. For example, we may disclose information to digital storefronts and consoles where our games and apps are distributed. For these third parties, we encourage you to familiarize yourself with and consult their applicable policies and terms of use.
  

• Affiliates. We disclose information to our affiliates and related entities, including where they act as our service providers subject to this Privacy Policy or use the information in accordance with their own privacy policies.
  

• The public. We disclose information you make public, such as information you may upload or post through the Service. Please think carefully before making information public as you are solely responsible for any information you make public. Once you have posted or uploaded information, you may not be able to edit or delete such information, subject to any rights you have under applicable law.
  

• Recipients in a merger or acquisition. We disclose information in connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.
  

• Recipients for security and enforcement. We disclose information to comply with the law or other legal process, and where required, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We also disclose information to protect the rights, property, life, health, security and safety of us, the Service or anyone else.
  

• Recipients at your direction or with your consent. We disclose information where you direct us to or with notice to you and your consent.
  

We may disclose non-personal information for any purpose to the extent permitted by applicable law. For details on your choices around disclosure of your information, see the Your Privacy Choices section below.‍

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5. Third Parties‍

Our Service may link to, or be incorporated into, websites and online services controlled by third parties. In addition, we may integrate technologies into our Service, including those disclosed in the How We Collect Information section above, controlled by third parties. Except where third parties act as our service providers, they, and not us, control the purposes and means of processing any information they collect from you, and you should contact them directly to address any concerns you have about their processing. Third party data practices are subject to their own policies and disclosures, including what information they collect, your choices, and whether they store information in the U.S. or elsewhere. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.‍

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6. Your Privacy Choices

We provide a variety of ways for you to exercise choice, as described below.

Region-Specific Rights

Some regions provide additional rights by law. This subsection details how to exercise certain of those rights to the extent they apply to you. See your region-specific terms for further details.

‍Communications‍

You can opt-out of receiving certain communications from us, as described below. Your opt-out is limited to the email address or device used and will not affect subsequent subscriptions.

• Emails. By following the unsubscribe instructions near the bottom of such emails, or by emailing us at as set out in the Contact Us section below with the word “UNSUBSCRIBE” in the subject field of the email. Please note that you cannot opt out of transactional message.

Desktop, Console, or Mobile Device Controls

• ‍Cookies and Pixels. You may be able to manage cookies through your browser settings. When you manage cookies, pixels associated with such cookies may also be impacted. Please note that cookie management only applies to our website. If you use multiple browsers, you will need to instruct each browser separately. If you delete or reset your cookies, you will need to reconfigure your settings. Your ability to limit cookies is subject to your browser settings and limitations.
  

• Tracking Technologies. Unlike cookies and pixels, certain device tracking technologies cannot be controlled through your browser settings, and may be adjusted through the desktop application, console, mobile app, or device settings.
  

• Preference signals. Your browser or extension may allow you to automatically transmit Do Not Track and other preference signals. Except as required by law, we do not respond to preference signals.
  

• Third party opt-out tools. Some third parties we work with offer their own opt-out tools related to information collected through cookies, pixels, and/or SDKs.
  To opt out of your information being used by Google Analytics, please visit https://tools.google.com/dlpage/gaoptout. We are not responsible for the effectiveness of any third party opt-out tools.
  

• Industry opt-out tools for targeted advertising. Some of the third parties we work with participate in programs that allow you to opt-out of receiving targeted advertising from participants. To opt-out of receiving targeted advertising from participants of the Digital Advertising Alliance (“DAA”) on your browser, visit https://www.aboutads.info/choices. To opt-out of receiving targeted advertising from participants of the Network Advertising Initiative (“NAI”) on your browser, visit https://www.networkadvertising.org/choices/.  If you choose to opt-out of targeted advertising through these links, you should no longer see targeted advertising from the selected participants on the browser or device from which you opted-out, but the opt-out does not mean that the participants will not process your information for targeted advertising purposes or that you will not receive any advertising. We are not responsible for the effectiveness of any third party opt-out tools.‍

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7. Children

The Service are designed for a general audience, and we do not knowingly solicit or collect personal information (as that term is defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) from children. If you are a parent or guardian and believe we have collected personal information from children, please contact us as set out in the Contact Us section below. We will delete the personal information in accordance with COPPA. ‍

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8. Data Security

We implement and maintain reasonable administrative, physical, and technical security safeguards to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you.‍

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9. Retention

We retain information for the length of time that is reasonably necessary for the purpose for which it was collected, and as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.‍

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10. International Transfer

We are based in the United States and provide the Services subject to U.S. law. If you are located outside the U.S., please be aware that your information may be transferred to and processed in the U.S. or another country where we operate. Where required by applicable law, we will provide appropriate safeguards for data transfers, such as through use of standard contractual clauses.‍

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11. Changes to this Privacy Policy

We reserve the right to revise and reissue this Privacy Policy at any time. Any changes will be effective immediately upon posting of the revised Privacy Policy. Your continued use of our Service indicates your consent to the Privacy Policy then posted. If the changes are material, we may provide additional notice to you, such as through email or prominent notice on the Service.

12. Contact Us

If you have any questions about or trouble accessing this Privacy Policy, please contact us at:

By email: privacy@midwestgames.com

By mail: Midwest Games, 1025 Lombardi Ave., Green Bay, WI 54304.

To exercise choice, use the methods described in the Your Privacy Choices section above or your region-specific terms below.

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13. California

These additional rights and disclosures apply only to California residents.‍

Minors

If you are a California resident under 18 years old and registered to use the Service, under California’s Online Eraser Law, you can ask us to remove any content or information you have publicly posted on the Service. To make a request, please write us at the email address set out in the Contact Us section above with “California Under 18 Online Eraser Request” in the subject line, and tell us what you want removed. We will make reasonable good faith efforts to remove the post from prospective public view, although we cannot ensure the complete or comprehensive removal of the content and may retain the content as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.‍

Shine the Light

Under California’s Shine the Light law, customers who are residents of California may request (i) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To make a request, please write us at the email or postal address set out in the Contact Us section above and specify that you are making a “California Shine the Light Request.” We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.

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14. Nevada

If you are a Nevada consumer, you have the right to direct us not to sell certain information that we have collected or will collect about you, to the extent applicable. To exercise this right, email us at privacy@midwestgames.com and specify you wish to exercise this right as a Nevada resident.

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15. European Economic Area, Switzerland, and United Kingdom

These additional disclosures and rights apply only to individuals located in the European Economic Area, Switzerland, or the United Kingdom (“Europe”). Terms have the meaning ascribed to them in the General Data Protection Regulation or the UK Data Protection Act (“GDPR”).‍

Roles

Midwest Games acts as a controller with respect to personal data collected as you interact with our Service.

Lawful Basis for Processing

Data protection laws in Europe require a “lawful basis” for processing personal data. Our lawful bases include where: (a) you have given consent to the processing for one or more specific purposes, either to us or to our service providers, or partners; (b) processing is necessary for the performance of a contract with you; (c) processing is necessary for compliance with a legal obligation; or (d) processing is necessary for the purposes of the legitimate interests pursued by us or a third party, and your interests and fundamental rights and freedoms do not override those interests. Where applicable, we will transfer your personal data to third countries subject to appropriate or suitable safeguards, such as standard contractual clauses.‍

Data Subject Requests

You have the right to access, rectify, or erase any personal data we have collected about you. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.

For details on exercising these rights, see the “Data subject requests” subsection of the Your Privacy Choices section above.

For details on our retention practices for personal data, see the Retention section above.

You also have the right to lodge a complaint with the data protection regulator in your jurisdiction.