Privacy Policy

Effective October 25, 2019

INTRODUCTION

FoxNext Games LLC (“FoxNext,” “we,” “us” or “our”), which can be contacted at the email address storyscape.tou@fox.com, wants you to be familiar with how we collect, use and disclose personal data from and about you through services such as websites, mobile sites, applications (“apps”), and widgets (collectively, the “FoxNext Services”).

You can find a Table of Contents and a brief summary of this Privacy Policy in the chart below. For further details with regard to the data processing carried out by FoxNext, click on the links in each section of the summary.

Table of Contents:

Summary:

	Issue	Information
1.	What and who does this Privacy Policy cover?	FoxNext is the data controller of the personal data we collect from and about you through the FoxNext Services. This Privacy Policy applies to all users, including both those who use the FoxNext Services without being registered or having subscribed and those who have registered with or subscribed to a FoxNext Service. For further information click here.
2.	What kind of personal data do we collect about you?	We might collect data from and about you, including (1) registration data, (2) public information and Posts, (3) data that you have permitted social media to share with FoxNext and (4) activity data. However, we do not collect either financial information from a payment service provider or sensitive data relating to you. For further information click here.
3.	Why do we collect your personal data?	The main reason why we collect data about you is to provide you with FoxNext Services and to allow you to interact with such services. In addition, with your prior consent, we can send you offers promotions and marketing communications, also based on your personal preferences and habits. You will be able to opt-out from receiving these communications at any time. For further information click here.
4.	On what legal basis do we process your personal data?	Your personal data are mainly collected in order to provide you with FoxNext Services. Your personal data are also used to comply with legal obligation or to protect the legitimate interests of FoxNext. Failure to provide certain data may make it impossible for FoxNext to provide you with its Services. When your personal data are collected for marketing purposes, you have the option not to provide FoxNext with your personal data. For further information click here.
5.	How do we process your personal data?	The security of your data is a priority for us. For this purpose, FoxNext has implemented reasonable administrative, technical and physical measures to safeguard your personal data against loss, theft and unauthorized use, disclosure or modification. For further information click here.
6.	Who can access your personal data?	We may share your personal data with (i) service providers, (ii) our affiliated companies and (iii) public and government authorities, in accordance with applicable laws. For further information click here.
7.	Is your personal data transferred abroad?	Your personal data might be transferred to other countries within and outside the European Economic Area. In any case, we always make sure that appropriate and suitable safeguards compliant with applicable laws are in place to protect your personal data. For further information click here.
8.	What are your rights with regard to your personal data?	You have among others the right to access, integrate, update, amend and delete your personal data. For further information click here.
9.	For how long do we keep your personal data?	The EU General Data Protection Regulation 2016/679 becomes effective on May 25, 2018, introducing among other changes additional rights for individuals. For further information click here.
10.	Updates to this Privacy Policy	We may modify or update this Privacy Policy including to comply with changes in applicable law. Please look at the Effective Date at the top of this Privacy Policy to see when this Privacy Policy was last revised. For further information click here.
11.	Contact Us	You can contact us at storyscape.tou@fox.com. For further contact details click here.

1. WHAT AND WHO DOES THIS PRIVACY POLICY COVER?

FoxNext is the data controller of the personal data (i.e., information that identifies a specific person, directly or indirectly, such as full name or email address) we collect from and about you through the FoxNext Services that is processed in compliance with the terms of this Privacy Policy. It also describes generally FoxNext’s practices for handling non-personal data (for example, interests, demographics and services usage).

This Privacy Policy applies to all users, including both those who use the FoxNext Services without being registered with or subscribing to a FoxNext Service and those who have registered with or subscribed to a FoxNext Service.

As set forth in our Terms of Use, the FoxNext Services are for a general audience, are not targeted to children, and do not knowingly collect or store personal data from children under 13 years of age. In relation to teenagers under 16, we will take into consideration available technologies to prevent such teenagers from accessing certain FoxNext Services or features absent parental consent.

2. WHAT KIND OF PERSONAL DATA DO WE COLLECT ABOUT YOU?

FoxNext and our service providers collect the following information from and about you:

• Registration Information is the information you submit to register for a FoxNext Service, for example, to create an account, post comments, receive notifications, newsletters and other communications, participate in a survey conducted by FoxNext or on our behalf by a third party service provider, or enter a contest or sweepstakes. Registration Information may include, for example, name, username, email address, phone number, gender, zip or postal code, birthday, location, device information, information about your use of the FoxNext Services, and any other information you choose to provide.
• Public Information and Posts consist of comments or content that you post to the FoxNext Services and the information about you that accompanies those posts or content, which may include a name, user name, comments, likes, status, profile information and picture. Public Information and Posts are always public, which means they are available to everyone and may be displayed in search results on external search engines. BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN PUBLIC POSTING AREAS ON THE FOXNEXT SERVICES. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN PUBLIC POSTING AREAS.
• Information from Social Media. If you access or log-in to a FoxNext Service through a social media service or connect a FoxNext Service to a social media service, the information we collect may also include your user ID and/or user name associated with that social media service, any information or content you have permitted the social media service to share with us, such as your profile picture, email address or friends lists, and any information you have made public in connection with that social media service. When you access the FoxNext Services through social media services or when you connect a FoxNext Service to social media services, you are authorizing FoxNext to collect, store, and use such information and content in accordance with this Privacy Policy.
• Activity Information. When you access and interact with the FoxNext Services, FoxNext and its service providers may collect certain information about those visits. For example, in order to permit your connection to the FoxNext Services, our servers receive and record information about your computer, device, and browser, including potentially your IP address, browser type, and other software or hardware information. If you access the FoxNext Services from a mobile or other device, we may collect a unique device identifier assigned to that device, geolocation data (including your precise location), or other transactional information for that device. When you use the FoxNext Services to participate in our mobile games, we may collect scores, rankings, transaction information, and other information regarding your gameplay. Additionally, when you communicate with FoxNext, we may retain information regarding these communications.
  
  Cookies and other tracking technologies (such as browser cookies, pixels, beacons, and Adobe Flash technology including cookies) are comprised of small bits of data. FoxNext’s websites, apps and other services send this data to your browser when you first request a web page and then store the data on your computer or other device so the website or app can access information when you make subsequent requests for pages from that service. These technologies may also be used to collect and store information about your usage of the FoxNext Services, such as pages you have visited, the video and other content you have viewed, search queries you have run and advertisements you have seen.
  
  Third parties that support the FoxNext Services by serving advertisements or providing services, such as allowing you to share content (e.g. Facebook) or tracking aggregate FoxNext Services usage statistics (e.g. Google Analytics), may also use these technologies to collect similar information when you use the FoxNext Services (such as websites or emails) or third-party services. These third parties may also use these technologies, along with activity information they collect, to recognize you across the devices you use, such as a mobile device and a laptop or other computer. FoxNext does not control these third-party technologies and their use is governed by the privacy policies of third parties using such technologies. For more information about third-party advertising networks and similar entities that use these technologies, including your choices with respect to them, see the section entitled “To deliver relevant advertisements,” below.
  
  
• Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the "Help" section of your browser for more information. Users can manage the use of Flash technologies, with the Flash management tools available at Adobe’s website, see http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. Please note that by blocking any or all cookies you may not have access to certain features, content or personalization available through the FoxNext Services.
• Information from Other Sources. We may supplement the information we collect with information from other sources, such as publicly available information about your online and offline activity from social media services, commercially available sources and information from our affiliated companies (“Company Affiliates”) or business partners.
• Do Not Track Signals. At this time we do not respond to browser 'Do Not Track' signals, as we await the work of interested stakeholders and others to develop standards for how such signals should be interpreted.

We do not collect:

• Financial information from a payment service provider: in some cases, we may use an unaffiliated payment service to allow you to purchase a product or make payments (“Payment Service”). If you wish to purchase a product or make a payment using a Payment Service, you will be directed to a Payment Service webpage. Any information that you provide to a Payment Service will be subject to the applicable Payment Service’s privacy policy, rather than this Privacy Policy. We have no access to any payment data regarding the Payment Service.
• Sensitive information: We ask that you not send us, and you not disclose, any sensitive personal information (such as social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the FoxNext Services or otherwise.

Linked Services The FoxNext Services may be linked to sites operated by unaffiliated companies, and may carry advertisements or offer content, functionality, games, newsletters, contests or sweepstakes, or applications developed and maintained by unaffiliated companies. FoxNext is not responsible for the privacy practices of unaffiliated companies, and once you leave the FoxNext Services or click an advertisement you should check the applicable privacy policy of the other service.

In addition, FoxNext is not responsible for the privacy or data security practices of other organizations, such as Facebook, Tumblr, Twitter, Apple, Google, Microsoft, Amazon or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including in connection with any information you disclose to other organizations through or in connection with the FoxNext Services.

3. WHY DO WE COLLECT YOUR PERSONAL DATA?

We use the personal data we collect from and about you to:

1. To provide the FoxNext Services and features to you.
2. To measure and improve those FoxNext Services and features and to develop new products and services.
3. To improve your experience with both online and off-line FoxNext Services by delivering content you will find relevant and interesting.
4. To allow you to comment on content, and participate in online games, contests, other promotions, or rewards programs.
5. To provide you with customer support and to respond to inquiries.
6. To allow social sharing functionality. If you log in with or connect a social media service account with the FoxNext Services, we may share your user name, picture, and likes, as well as your activities and comments with other FoxNext Services users and with your friends associated with your social media service. We may also share the same information with the social media service provider. By logging in with or connecting your FoxNext Services account with a social media service, you are authorizing us to share information we collect from and about you with the social media service provider, other users and your friends and you understand that the social media service’s use of the shared information will be governed by the social media service’s privacy policy. If you do not want your personal information shared in this way, please do not connect your social media service account with your FoxNext Services account and do not participate in social sharing on the FoxNext Services.
7. To deliver relevant advertisements. In order to provide you with content and advertising that is more interesting and relevant to you, we may use the information from and about you to make inferences and predictions about your potential areas of interest. FoxNext and our service providers may use the information we collect from and about you to deliver relevant ads to you when you use the FoxNext Services (on any of your devices) or another service. As noted above, third-party advertising networks and advertisers may use cookies (such as web pages you visit and your interaction with our advertising and other communications) and similar technologies to collect and track information such as demographic information, inferred interests, aggregated information, and information the different devices you use and your activity on such devices, to assist them in delivering advertising that is more relevant to your interests. The information may also be used to deliver more relevant advertising to consumers across marketing channels, including email. To find out more about third-party advertising networks and similar entities that use these technologies, see www.aboutads.info/consumers. If you would like to opt-out of such ad networks’ and services’ advertising practices on the particular device on which you are accessing this policy, go to www.aboutads.info/choices. You may download the AppChoices app at www.aboutads.info/appchoices to opt-out in mobile apps. To opt-out of Google Analytics specifically, go to https://tools.google.com/dlpage/gaoptout. If you are using an iOS device, you may opt out of tracking for advertising purposes by clicking on Settings -> Privacy -> Advertising -> Limit Ad Tracking. If you are using an Android device, you may opt out of tracking for advertising purposes by going to Settings -> Google Settings -> Ads -> Enable “Opt out of Ads Personalization.” Please note that even if you opt-out of interest-based advertising by a third party, these tracking technologies may still collect data for other purposes including analytics and you will still see ads from us, but the ads will not be targeted based on behavioral information about you and may therefore be less relevant to you and your interests.
8. To contact you. FoxNext may periodically send promotional materials or notifications related to the FoxNext Services. If you want to stop receiving promotional materials, follow the unsubscribe instructions at the bottom of each email. There are certain service notification emails that you may not opt-out of, such as notifications of changes to the FoxNext Services or policies. If you have installed a mobile app and you wish to stop receiving push notifications, you can change the settings either on your mobile device or through the app.
9. To protect the rights of FoxNext and others. There may be instances when we may disclose your personal data, including situations where we have a good faith belief that such processing is necessary in order to: protect, enforce, or defend the legal rights, privacy, safety, or property of FoxNext, Company Affiliates or their employees, agents, contractors, licensors and supplies (including enforcement of our agreements and our terms of use); protect the safety, privacy and security of users of the FoxNext Services or members of the public; or protect FoxNext, as well as other third parties involved, such as our suppliers, against fraud or for risk management purposes.
10. To comply with the law or legal process; or respond to requests from public and government authorities.
11. To complete a merger or sale of assets. If FoxNext sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business (including in connection with a bankruptcy or similar proceedings), FoxNext may transfer your information to the party or parties involved in the transaction as part of that transaction.

When the information collected from or about you does not identify you as a specific person, we may use that information for any purpose or share it with third parties, to the extent permitted by applicable law.

4. ON WHAT LEGAL BASIS DO WE PROCESS YOUR PERSONAL DATA?

Below you can find an explanatory chart on legal bases for processing personal data

Purpose of processing	Legal Basis	Voluntary or necessary provision of personal data
Section 3. a): Provision of FoxNext Services	Performance of contract	Provision is necessary Failure to provide data would make it impossible for us to provide the FoxNext Services
Section 3. b): Analysis and improvement of Company Services	Performance of contract	Provision is necessary Failure to provide data would lead to impaired FoxNext Services
Section 3. c): Improvement of user experience	Performance of contract	Provision is necessary Failure to provide data would lead to impaired FoxNext Services
Section 3. d): User interactions (comments, contests participation, etc.).	Performance of contract	Provision is necessary Failure to provide data would make it impossible for us to provide the FoxNext Services
Section 3. e): Customer support	Performance of contract	Provision is necessary Failure to provide data would make it impossible for us to provide the FoxNext Services
Section 3. f): Social media sharing	Consent	Provision is voluntary You can exercise your right to withdraw your consent at any time , without consequences, other than the need to log in with a different account
Section 3. g): Targeted advertising	Consent	Provision is voluntary You can exercise your right to withdraw your consent at any time , without consequences, in order to stop receiving targeted advertising
Section 3. h): Generic marketing	Consent	Provision is voluntary You can exercise your right to withdraw your consent at any time , without consequences, in order to stop receiving marketing communications
Section 3. i): Protection of FoxNext and third parties’ interests	Performance of contract	Provision is necessary Failure to provide data would make it impossible for us to provide the FoxNext Services
Section 3. j): Compliance with legal obligation	Legal obligation	Provision is mandatory Failure to provide data would make it impossible to provide the FoxNext Services
Section 3. k): Corporate transaction	Legitimate interest	Provision is not mandatory You can exercise your right to object to processing, but FoxNext may continue to process your data in the case of compelling legitimate grounds, which override your interests, or for legal defense

Should you wish to withdraw your consent, please contact us at the email address in Section 11.

5. HOW DO WE PROCESS YOUR PERSONAL DATA?

Your personal data is processed through both electronic and manual means. FoxNext uses commercially reasonable administrative, technical, personnel and physical measures to safeguard information in its possession against loss, theft and unauthorized use, disclosure or modification. However, no one can guarantee the complete safety of your information. To increase the effectiveness of the security features incorporated through the FoxNext Services, please ensure that any mobile application utilizing the FoxNext Services is kept updated.

6. WHO HAS ACCESS TO YOUR PERSONAL DATA?

For purposes consistent with the purposes as per Section 3 of this Privacy Policy, FoxNext may share your personal data to the following categories of recipients located within the European Union or outside of the European Union in compliance and within the limits of the provisions of Section 7 below:

• To service providers that assist us in providing and managing the FoxNext Services. The information we collect from and about you may be made available to certain third party service providers, such as contractors, analytics and other measurement companies, agents or sponsors, who help us analyze and understand your use of the FoxNext Services, provide customer support, advertising and marketing, and manage and/or provide the FoxNext Services.
• To third parties in the process of providing co-branded services and features. We may offer co-branded services or features, such as contests, sweepstakes or other promotions together with a third party (“Co-Branded Services”). These Co-Branded Services may be hosted on the FoxNext Services or on the third party’s service. By virtue of these relationships, we may share the information you submit in connection with the Co-Branded Service with the third party. The third party’s use of your information will be governed by the third party’s privacy policy.
• To third parties to deliver relevant advertisements. We may use services provided by third-party platforms (such as social networking and other websites) to serve targeted advertisements on such platforms to you or others, and we may provide a hashed version of your email address or other information to the platform provider for such purposes. To opt-out of the use of your information for such purposes, please contact our Privacy Officer using the contact information set out, below.
• To Company Affiliates. FoxNext may share your information with our Company Affiliates for the purposes described in this Privacy Policy. A list of our Company Affiliates is a https://privacy.thewaltdisneycompany.com/en/definitions/. Users who visit Company Affiliates’ services should still refer to their separate privacy policies, which may differ in some respects from this Privacy Policy.
• To business partners. FoxNext may share your information with business partners to permit them to send you marketing communications consistent with your choices.

7. IS YOUR PERSONAL DATA TRANSFERRED ABROAD?

The FoxNext Services are hosted in and managed from the United States. If you are a user located outside the United States, your personal data may be transferred to countries within and outside the European Economic Area, in particular to the United States. Some non EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards. The full list of these countries is available at https://ec.europa.eu/info/law/law-topic/data-protection_en. For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place appropriate and suitable safeguards designed to protect your personal data and the transfer of your personal data in compliance with applicable data protection laws, such as standard contractual clauses adopted by the European Commission as per Articles 45 and 46 of the EU General Data Protection Regulation 2016/679 ( “GDPR”). In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in the United States may be entitled to access your personal information.

For more information regarding the location of the data and the safeguards we utilize, please contact us using the information provided at Section 11 below.

8. WHAT ARE YOUR RIGHTS WITH REGARD TO YOUR PERSONAL DATA?

• Obtain confirmation as to whether or not your personal data exists, to receive a copy of it and to be informed of its content, source, as well as of further information—available in this Privacy Policy—about the purposes of processing of your personal data, the categories of its recipients, the existence of any automated decision-making, the envisaged period for which we will store it, where possible, as well as the safeguards we have adopted for transfers outside the EEA.
• Verify the accuracy of your personal data and request its rectification, update or amendment.
• Request the deletion or anonymisation of your personal data where:
  • Your personal data are processed in breach of the applicable law;
  • Your personal data are no longer necessary for the purposes for which we have collected it;
  • We have a legal obligation to erase it; or
  • You have objected to the processing justified on legitimate grounds and we have no overriding and compelling legitimate grounds to continue such processing.
• Object for legitimate reasons to the processing of your personal data that is processed on the basis of our legitimate interest.
• Request that we limit the processing of your personal data where:
  • You contest the accuracy of the personal data until we have taken sufficient steps to correct or verify its accuracy;
  • The processing is unlawful but you do not want us to erase the data;
  • We no longer need the personal data for the purposes of the processing, but you require it for the establishment, exercise or defense of legal claims, or you have objected to the processing justified on legitimate interest grounds pending verification as to whether the we have compelling legitimate grounds to continue the processing.
• Receive an electronic copy of your personal data, if you would like to port your personal data that you have provided to us, when the personal data is processed by automatic means and the processing is either (i) based upon your consent or (ii) necessary for the performance of the FoxNext Services.
• Lodge a complaint with the relevant supervisory authority. A list of EU supervisory authorities is available here.

If you would like to exercise these rights, you may contact us as outlined in Section 11. In your request, please include your email address, name, address, and telephone number and specify clearly what information you would like to access, change, update, suppress, or delete. We may request certain additional personal information for the purposes of verifying the identity of the individual seeking access to their personal information records. We will try to comply with your request as soon as reasonably practicable and in accordance with applicable law.

Marketing communications. If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing-related emails by either simply changing your preferences on your user profile settings, if you registered, or by following the unsubscribe instructions in our communications. You may also send a request to the address of Section 11 of the Privacy Policy. In any case, FoxNext may continue to send you administrative communications related to the provision of the FoxNext Services.

You may request that we not share your personal information on a going-forward basis with Company Affiliates or unaffiliated third parties for their direct marketing purposes by sending an email to storyscape.tou@fox.com , with “FoxNext: Disclosure Opt-out” in the subject line. Please include your full name, email address, postal address and the relevant FoxNext Service in the body of the email. Note that we may be required to request certain additional personal information from you for the purposes of verifying the identity of the individual seeking access. We will try to comply with your request(s) as soon as reasonably practicable and in accordance with applicable law.

Deletion Rights of Minors. If you are under 18 and a registered user of the FoxNext Services, you may ask us to remove content or information that you have posted to the FoxNext Services by writing to storyscape.tou@fox.com. Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.

Remember that even after you cancel your account, or if you ask us to delete your personal information, copies of some information from your account may remain viewable in some circumstances where, for example, you have shared information with social media or other services. Because of the nature of caching technology, your account may not be instantly inaccessible to others. We may also retain backup information related to your account on our servers for some time after cancelation or your request for deletion, for fraud detection or to comply with applicable law or our internal security policies. It is not always possible to completely remove or delete all of your information due to technical constraints, contractual, financial or legal requirements.

9. FOR HOW LONG DO WE KEEP YOU PERSONAL DATA?

We will retain your personal data only for the period necessary to fulfill the purposes for which the data was collected as outlined in this Privacy Policy, unless a longer retention period is required or allowed by law. In any case, the following periods will apply to the processing of your personal data for the purposes indicated below:

• Data collected for the purposes as per Section 3, letters a) through e) and i) through k) of this Privacy Policy is retained for the time of provision of the FoxNext Services plus the length of any applicable statutory limitation period following the termination of the FoxNext Services;
• Data collected for the purpose as per Section 3, letter f) of this Privacy Policy is retained for the time necessary to log on to the FoxNext Services through a social network; and
• Data collected for the purpose as per Section 3, letters g) and h) is retained for as long as necessary to fulfil the purposes we collected it for (e.g., to provide you with marketing communications). Should you decide to opt-out from receiving marketing communications, please note that we will be required to retain limited data in order for us to respect your opt-out and ensure that you do not receive marketing communications).

At the end of the retention period, your personal data will be either deleted, anonymized or aggregated.

10. UPDATES TO THIS PRIVACY POLICY

We may modify or update this Privacy Policy, including to follow different interpretations, decisions, opinion and orders relating to applicable law.

Please look at the Effective date at the top of this Privacy Policy to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the FoxNext Services. If we make material changes to this Privacy Policy that expand our rights to use the personal data we have already collected from you, we will notify you and provide you with a choice about our future use of that personal data.

11. CONTACT US

If you have questions about this Privacy Policy, please contact our Privacy Officer at:

Email: storyscape.tou@fox.com

Mail: C/O Privacy Officer
FoxNext Games LLC
12121 Bluff Creek Dr, Suite 400
Playa Vista, CA 90094