Privacy Policy

Last Updated and Effective Date: July 24, 2024

Pinkfong USA, Inc. (together “Pinkfong,” “us,” “our,” or “we”) is committed to respecting your privacy. This Privacy Policy explains what personal information we collect when you interact with us on our website, social media platforms, including Discord or other online channels, or in person, and how we may use and share it. Pinkfong is the controller and responsible for determining what personal information we collect and how it is used and shared. Please read this Privacy Policy before using our website.

We may amend this Privacy Policy from time to time. When we make changes to the Privacy Policy, we will update the Effective Date listed above. We encourage you to check regularly for updates to this Privacy Policy. Your continued use of the website after an updated Privacy Policy is posted reflects your consent to the updated terms.

This Privacy Policy does not apply to other online services that we control and maintain, but do not link to this Privacy Policy. We may provide you additional privacy notices at the point of collection of your personal information, which supplement this Privacy Policy.

Personal Information We Collect About You

We may collect the following categories of personal information from and/or about you when you engage with us:

Identifiers, if you create an account with us, we may collect your name, email address, mailing address, wallet address, username and password. To ensure we are only collecting information from individuals older than 12, when you create an account, we will also request your birthdate.
Commercial information, including the types of products and services you purchase or request information about.
Payment information, if you purchase products from us, we will also collect payment information, such as a credit card.
Internet or other electronic network activity information, including browsing history, search history, and analytics information.
Social media information, such as your social media handle or Discord ID, when you use our social media plug in features, engage with us on Discord or other social media platforms or tag us in your posts.
Inferences, as we may draw inferences from the other personal information we process to create a profile about you reflecting your preferences and interests.

How We Use Your Personal Information

We may use your personal information for the following business purposes:

To communicate with you and send the information you requested.
To market and deliver our products and services to you.
To improve your experience when you interact with us.
To improve our brand, website, products and services.
To perform analytics.
To protect the security and integrity of our website, products and services.
For other purposes that you may request.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

Personal Information We Share

We may share your personal information with the following types of entities for the business purposes described above:

Our parent entities, subsidiaries and affiliates.
Service providers and vendors, which may only use your personal information to provide services and are not to otherwise use or disclose your personal information.
Other entities that we collaborate with, such as NFT communities, to provide you with access to giveaways or other products or services. Other NFT communities may also share information with us.
Social media platforms, when you direct us to share information, such as your game results.
Other entities, (i) as permitted by law, (ii) in the event of a transfer of ownership or assets, (iii) in the event of bankruptcy, (iv) where needed to comply with the request of law enforcement or a regulatory agency or other legal process, or (v) to protect our interests or safety or the safety of other visitors to our website.

Consumer Rights

Depending on where you are located, you may have certain rights related to the personal information that we have collected about you. These rights may include:

The right to access information we have about you.
The right to correct information that is incorrect.
The right to delete your personal information, subject to certain exceptions.
The right to receive a copy of your personal information.
The right to receive additional information about specific third party disclosures, at our option.
The right to opt out of targeted advertising, the sale of your personal information or the use of your personal information for certain profiling. However, we do not use your personal information for any of these purposes.

Please note that these rights are subject to certain limitations under applicable laws. If you have a registered account on the website, you may exercise some of these rights through your profile settings and preferences. You may also exercise your rights to your personal information by submitting your requests via our Privacy Rights Request Portal or by calling (888) 365-6911. If you have questions about this process, you may contact us at privacy.us@pinkfong.com.

For your protection, we will verify your identity prior to fulfilling your request. If your authorized agent contacts us, we will need to verify they are authorized to act on your behalf.

Please note that we may need to retain certain information to comply with our legal obligation and recordkeeping purposes and/or to complete any transactions that you began prior to requesting such access, change or deletion.

Requests to exercise your rights may be granted in whole, in part, or not at all, depending on the scope and nature of the request and applicable law. If we are unable to fulfill your request, we will let you know why. You have the right to appeal our decision. Please contact us using the information below if you would like to make an appeal.

California Shine the Light:

California residents also may ask us to provide them with (i) a list of certain categories of personal information that we have disclosed to other parties, including affiliates, for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those other parties. California residents may make one such request per calendar year. To make a Shine the Light request, you may contact us by email or postal mail using the information provided in the “Contact Us” section. In your request, please state that you are a California resident and provide a current California mailing address for our response.

Children’s Information

This website is directed to adults, including parents and guardians of children. Other than information collected via analytics cookies to support our internal operations, we do not collect information from individuals on our website until we verify they are older than 12 years old. If you believe your child has provided us with personal information, please contact us to request deletion of the information. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will use commercially reasonable efforts to delete that information from our database. Please contact us if you have any concerns.

Cookies and Other Online Tracking Technologies.

This website uses “cookies,” which are small data files that are stored on your computer when you visit a website. This website uses only cookies that are strictly necessary for the graphics and other features of the website to function. If you set up an account with us, we may use persistent identifiers to improve your experience on our website, such as remembering your login or your preferences. You can set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it. If you do not accept cookies, however, you may not be able to use all features of the website.

Google Analytics. We use, and some of our third-party service providers may use, Google Analytics (click for link to Google’s website) or other analytics service to help us understand use of our Services. Such service providers may place their own cookies in your browser. This Privacy Policy covers use of cookies by us only and not the use of cookies by third parties.

Data Retention

We keep the categories of personal information described above for as long as is necessary for the purposes described in this Privacy Policy or to achieve the purposes for which the information was collected, or as may be permitted under applicable law. This generally means holding the information for as long as one of the following apply:

Your personal information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
Your personal information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the personal information was collected;
Your personal information is reasonably required to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case); or
We are otherwise required or permitted to keep your personal information by applicable laws or regulations.

To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the data; the potential risk of harm from unauthorized use or disclosure of the data; the purposes for which we process the data and whether we can achieve those purposes through other means; and the applicable legal requirements. Unless otherwise required by applicable law, at the end of the retention period we will remove personal information from our systems and records.

Security

We have in place certain physical, electronic, contractual, and managerial safeguards to protect the security and privacy of your personal information. No company can fully eliminate security risks connected to handling information on the Internet. We encourage you to exercise caution in accessing Wi-Fi hotspots and other communications networks.

Your privacy is important to us. If you have any questions about our Privacy Policy, please contact us by email at privacy.us@pinkfong.com.

California Notice at Collection

This Notice at Collection of Personal Information (“Notice at Collection”) is part of our Privacy Policy and includes details about the personal information we collect from California residents and the purposes for which that personal information will be used. This Notice at Collection applies solely to California residents. We adopt this Notice at Collection in accordance with the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CPRA”) (collectively, the “CCPA”).

Categories of Personal Information Collected. We may collect the categories of personal information from or about you as listed in the “Personal Information We Collect About You” section above. We do not sell or share your Personal Information as those terms are defined by the CCPA.

Categories of Sources from which Personal Information is Collected. We collect these categories of Personal Information from various sources, including (a) you, (b) your interactions with us, and (c) social media. For additional details, please see the “Personal Information We Collect About You” section above.

Purposes for which Personal Information is Collected. We may use your personal information for the business purposes listed in “How We Use Your Personal Information” section above.

We will only use your personal information for the purposes for which we collected it, including where we reasonably consider that we need to use it for a reason that is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you as required by applicable law.

Categories of Personal Information Disclosed for a Business Purpose. We may disclose the categories of personal information listed in the “Personal Information We Collect About You” section above to other entities for a business purpose. The Categories of Third Parties with which we share information are listed in the “Personal Information We Share” section above.

We retain your personal information based on the criteria explained in the Data Retention section above.

CA Notice at Collection