Spitball Entertainment, Inc.

Privacy Policy



Last Updated: January 23, 2012



Thank you for visiting our Privacy Policy page, and for taking privacy and security as seriously as we do. The Miya Mackenzie game currently located at www.miyamackenzie.com, including the Fan Club site (collectively, "our Website") are owned and operated by Spitball Entertainment, Inc. in San Francisco, California. As fellow parents, we have designed our Website to be a safe, secure and age-appropriate online community where people of all ages can have fun, express themselves, and interact with their friends. This Privacy Policy explains the collection and use of personal information by Spitball Entertainment, Inc. through the www.miyamackenzie.com site.

We are committed to safeguarding any personal information collected on our Website. This Privacy Policy, as well as our information practices, adhere to the U.S. Children's Online Privacy Protection Act (COPPA) http://www.coppa.org/, and other applicable data privacy laws in other regions in which we operate. We also work with a third-party safe harbor organization called Privo http://www.privo.com/index.htm to certify our Website complies with all applicable laws and best practices. But ensuring a safe online experience also depends on you, the user. Just as in the offline world, you should be careful about the interactions you have with others online. We encourage you to learn more about how to protect yourself and your children online at these resources:



In this Privacy Policy, we will explain:

  1. What Information We Collect from Our Users (and, for children under 13, their parents)

  2. How We Use, Disclose and Store Information We Collect

  3. How You or Your Parents Can Control Your Personal Information



In addition to Privo's COPPA safe harbor certification, Spitball Entertainment, Inc. has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe's program requirements including transparency, accountability and choice regarding the collection and use of your personal information. The TRUSTe program covers information collected through this Web site, www.miyamackenzie.com and does not cover information that may be collected through our mobile applications or information that may be collected offline. TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at support@spitballent.com. If you are not satisfied with our response you can contact TRUSTe here.



1. What Information We Collect from Our Users

For each feature of the site, we only ask you for the minimum information we need in order to provide you with the feature or service you are requesting. There are 6 main activities in which we collect information from our users:



i. Creating an Account

When you first create an account, we ask you to give us the following information:

  • Stage name (user name) and password . This information allows you to create your own account, login, and save your assets and achievements. Your stage name is visible to other users in the game, so it must not be your real name or other personal information, such as where you live. Your password protects your account. It should be something only you (and your parent) will remember but that is hard for other people to guess.

  • Birthday . As required by law, we collect birthday so we know the ages of all our players. We also customize the user experience based on a player's age. For example, determining whether parental permission is needed before using certain features.

  • Email Address . An email address (or, if you are under age 13, your parent's email address) is required to register on the site. This email address is correlated with your stage name, and is used primarily for administrative purposes, including but not limited to activating your account, sending invitation codes, resetting your password, notifying users and parents about our privacy practices, communicating about safety matters, and sending information about the status of your account (e.g. cancellation). Spitball Entertainment, Inc. may also send periodic newsletters and promotional messages. In the case of children under the age of 13 we may ask a parent to opt in to this communication for themselves and/or their child. You may unsubscribe from promotional email communications at any time by clicking the "Unsubscribe" link at the bottom of the email.



ii. Adding/Inviting Friends

Users of our Website may want to invite their friends to join them, or become friends with other players in the game. To enable the adding or inviting of friends, the site allows you to send emails or in-game messages to other users for the purpose of inviting them to join the site, become your friend within the game, join you at in-game events such as an online party, and other activities. These features may ask you to enter some information, such as your first name, your friend's email address (or friend's parent's email address) or Miya Mackenzie stage name, to accompany your request. If you choose to enter your friend's email address for these purposes, we will use it to send them a one-time email invitation or request. We will not store or use their email for any other purpose.



iii. Communicating with Other Users

There are two types of chat on our Website that enable players to communicate with each other: Menu Chat and Text Chat.

  • Menu Chat allows users to communicate with other players by choosing from a menu of pre-defined words, sentences, and emotions. Menu Chat is convenient for fast, safe communication between users.

  • Text Chat allows users to chat with other players by typing unique chat messages, rather than only selecting messages from the chat menu. All Text Chat messages are processed by a real-time text filtering technology. This software helps prevent players from posting chat messages that might contain inappropriate words, personal information, or other information that could compromise your privacy or be harmful or offensive to other players. We also have human moderators, in addition to the text filtering software, who monitor user communications.



Both Menu Chat and Text Chat can be used either publicly within a scene (in which case messages are displayed in text bubbles above each character's head that any other user in that scene can see), or privately within your "Smart Phone" (in which case messages are private between you and the friend with whom you are chatting, without being seen by other players). For safety and compliance reasons, we keep a log of all chat messages for at least 90 days.



In addition to chat, users may communicate via blogs, comments, user-generated content, or other public forums on our Website. We employ the same measures, including both text filtering and live moderation, to prevent users from sharing inappropriate content, language, or personal information through these mediums.



NOTE: In spite of the procedures above to help ensure your privacy and safety, you must be aware that deliberately disclosing your personally identifiable information through the chat feature or any other public forums, allows it to be read, collected or used by other users. Spitball Entertainment, Inc. and its affiliates are not responsible and cannot be held liable for any personally identifiable information you voluntarily submit through the chat function or other public forums. Please see our Terms of Use http://www.miyamackenzie.com/terms for more information.



iv. Purchasing Items/VIP Membership

If you elect to purchase items, in-game currency, or a paid VIP membership to the Miya Mackenzie game, we will need to gather financial information necessary to approve and process the transaction. This information could include name, email address, billing address, shipping address, phone number, and credit card or other payment information. This information may also be used to communicate with you or your parent about your purchase (for example, sending a receipt, shipment notification, membership expiration reminders, etc.).



v. Submitting Website Forms

For some online activities, we may require users to complete a form on our Website that is submitted to Spitball Entertainment, Inc. These forms will only ask for the information necessary to perform the activity requested. Examples include but are not limited to:

  • Submitting a customer support request through our "Contact Us" form

  • Entering a contest, sweepstakes or other drawing

  • Voting in a contest or submitting a response to a user survey or poll

  • Sending an e-card or virtual gift to another person on or off our Website

  • Submitting new feature ideas

  • Sharing the Miya site through Facebook, Twitter, or other social media sites

  • Signing-up for email announcements, newsletters or other promotions

If any of these activities require parental permission, we will request that via the parent's email address provided and we will if necessary take additional steps to ensure the person providing consent is the parent or guardian of the child.



vi. Collecting Non-Personally Identifiable Computer Information

Like most other websites, we use cookies to help make our Website work properly and to save you time. Cookies are small text files that we place on your computer to store your preferences. For example, cookies might remember certain things about your account, like your stage name for faster login or your membership status. You may configure your browser to alert you each time a cookie is being sent, or to turn off cookies entirely. However, if you disable cookies, you won't have access to any features that rely on cookies and some features may not function properly.

Third Party Cookies

The use of cookies by our affiliates, advertisers, analytics providers, and other third-party partners is covered by our privacy statement. We do not have access or control over these cookies. We and/or our partners may use session ID cookies (for example, to make it easier for you to navigate our site, purchase items, etc.), user ID cookies (to pre-fill your login page), referrer ID cookies (to show what page a user who clicks on an ad came from) or other cookies that improve the overall simplicity and usability of our site.

We also may use "log files" to passively collect non-personally identifiable computer information, such as your computer operating system (e.g., Windows XP, Mac OS), web browser (e.g., Internet Explorer, Firefox), your IP address, and information about your Internet service provider. Log files also provide us information about your visit to our Website, such as which website you came from ("referring URL"), the date and time of your visit ("timestamp"), and what you clicked on during your session. We use log file information to improve the way our Website works, fix technical problems, assess which features users like most, and make your experience safer. We do not use cookies or log files to collect any personal information about you or others. We may combine information in a cookie or log file together with personal information we might have collected from you or your parent somewhere else on our Website.

Please note, if the above personal information is not provided, we may be unable to provide access to certain content and functionality on our Website.

Widgets

Our Web site includes Social Media Features, such as the Facebook Like button and Twitter button, and Widgets, such as the Facebook Share button, that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.



2. How We Use, Disclose and Store Information We Collect

In addition to the uses described above, we may actively use your email address and stage name (user name) information for the following purposes:

  • Track usage and to ensure users are following our Terms of Use http://www.miyamackenzie.com/terms

  • Ban a user temporarily or permanently from our Website if that user engages in inappropriate conduct that, in our sole discretion, violates our Terms of Use http://www.miyamackenzie.com/terms

  • Allow parents to review and make changes to their children's account and membership status (see section 3)

  • Block users from seeing or communicating with other players who have elected to block them

  • Provide notifications regarding our Website, such as any security notices, amendments to this Privacy Policy or other information

  • Aggregate and analyze site usage to improve site performance and offer products, programs, or services



We do not disclose your information to third parties except in the following specific circumstances:

  • We are required to disclose information for safety or legal reasons, for example, in response to a court order or a subpoena.

  • As permitted by applicable law, we may disclose information to law enforcement or other public agencies (such as schools) if we believe such disclosure may prevent the instigation of a crime, facilitate an investigation, protect the safety of a child, preserve the security of our website, or enable us to take precautions against liability.

  • We may provide information to third-party payment providers in order to facilitate purchases on our Website.

  • We may provide non-personally identifiable information to advertisers on our Website, such as gender, age, and recency or frequency of ad impressions.

  • We may aggregate non-personally identifiable information about our users and then share this information with third-party service providers for the purposes of analyzing which features are most popular, what types of individuals are playing on our Website (demographic analysis), and ways we can continue to improve our service.

  • If we sell all or part of our business or make a sale or transfer of our assets or are otherwise involved in a merger or business transfer, we may transfer personal information we have collected to the third party involved in that transaction, to the extent permitted by law.



We take several measures to ensure the limited personal information we store about you is safe and secure, including:

  • We store your account information on secure servers behind Internet firewalls.

  • We process and store credit card information using third-party payment providers who employ standard security techniques, like encryption, to keep such information secure. Spitball Entertainment employees do not have access to full credit card numbers, and we do not display any credit card information on your billing information page.

  • We require a password to access your account that only you (and, if you are under 13, your parent) will know. Please keep your password secret and never share it with anyone except your parents.

  • We only allow certain employees at Spitball Entertainment, Inc. (such as Customer Support) and our affiliated service providers to see your information. These people need this information to do their job, are trained in the handling of personal information, and have signed confidentiality agreements with the company pertaining to the use of personal information.

  • We may transfer personal information between servers and store it on servers outside of the jurisdiction in which a member of our Website is located.



3. How You or Your Parents Can Control Your Personal Information

Your information is collected and stored by Spitball Entertainment, Inc., a California corporation located in the United States, regardless of where you live or from where you access our Website. By using our Website, you provide permission for our company to collect or transfer your information outside of your home country. In some cases, your information is collected and stored by other companies that we hire to help us run our Website, such as the vendors that provide us text filtering technology, process payments and verify parent consent. These companies may be located inside or outside of the United States. If any vendor is allowed to see or access your personal information, we make sure they agree in a written contract to protect your personal information.



Parents may review, delete or make changes to their child's account. As a parent, you have the ability to do the following:

  • Identify your child's "stage name" (user name) in the Miya Mackenzie game. Your child's stage name can be found in the parental email we sent you when your child registered or by contacting Customer Support at support@miyamackenzie.com.

  • Change your child's account password. To do this, go to the login screen at www.miyamackenzie.com, click on "Forgot your password," fill out the short form, and then click the Reset button. You will need to know your child's stage name and have access to the email address your child gave us during registration.

  • Change your child's membership status or update your billing information. To do this, you will need to login to your child's account and go to the account information page under "Membership."

  • Request that Spitball Entertainment, Inc. stop any further collection of your child's personal information. Or specify that your child's personal information may not be disclosed to any third party. To do this, please contact Customer Support at support@miyamackenzie.com.

  • Shut down your child's account or delete your child's account information. To do this, please contact Customer Support at support@miyamackenzie.com.



If you email or call us for any of the requests above, please be prepared to provide (for verification purposes) your email address and a telephone number where we can reach you. For some requests, you may also need to know your child's account password or (if your child has a paid membership) the last 4 digits of any credit card number that was used to pay for membership. To protect you and your child's privacy and security, we will take reasonable steps to verify your identity before granting you access to the personal information that we collect and maintain about you or your child.

Data Retention

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at support@miyamackenzie.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Links to Other Web Sites

Our Site includes links to other Web sites whose privacy practices may differ from those of Spitball Entertainment, Inc. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit.



4. Updates to This Privacy Policy

The current Privacy Policy can always be found at this page, located at http://www.miyamackenzie.com/privacy. Any minor changes to this policy (what we call "non-material changes") will be posted here, along with the date the updates were made at the top of this page. More important changes (what we call "material changes") will also be posted here, as well as sent to the email address associated with your account. We reserve the right to change the Privacy Policy at any time in our sole discretion. As required by law, we will not use personal information in ways that are materially different from those described in this Privacy Policy without also providing notification and obtaining parental consent as necessary for any such different uses.



5. Contacting Us

If you have any questions or concerns about our Website, this Privacy Policy, or your or your child's personal information, please contact Customer Support online at http://miyamackenzie.assistly.com/, via email at support@miyamackenzie.com, or postal mail at:



Spitball Entertainment, Inc.

Attention: Customer Support

665 3rd Street, Suite #150

San Francisco, CA 94107

(888) 505-0214



6. Privo's Privacy Assurance Program

Spitball Entertainment, Inc. is a participant in Privo's Privacy Assurance Program. As part of participating in the Privacy Assurance Program, the www.miyamackenzie.com site adheres to strict information collection, use and disclosure requirements. Privo is an independent, third-party organization committed to safeguarding children's personal information collected online, and to helping parents and their children exercise control over personal information while exploring the Internet. The seal posted on this page indicates that Spitball Entertainment, Inc. has established privacy practices and has agreed to submit to Privo's oversight and consumer dispute resolution process. If you have questions or concerns about our privacy practices, please contact us at (888) 505-0214 orsupport@miyamackenzie.com. If you have further concerns, you can contact Privo directly at privacy@privo.com.


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