Privacy Policy

This privacy policy is incorporated in its entirety into the terms and conditions (collectively referred to as the “Agreement") governing data collection and usage from Your use of Our Services.

By accessing and utilizing Our Services, including those available on Our website and applications, You expressly agree to be bound by this Agreement, as it may be amended from time to time. The primary purpose of this Policy is to provide You with detailed information about how Game of Hearts collects, utilizes, and discloses Your personal information in connection with Your use of Our Services. Therefore, by accessing or using Our Services, You signify Your acceptance of all the terms and conditions specified in this Agreement. If, for any reason, You do not agree with any part of this Agreement, We kindly request that You refrain from using Our Services. If You have not done so already, We encourage You to review Our terms and conditions as it governs Our Services and provides essential insights into how We govern the use of Our Services.

At Game of Hearts, We prioritize the protection of Your privacy and personal information, and this Policy ensures that Your data is treated with the utmost care and in accordance with the highest standards of data security and confidentiality.

Collection of Your Personal Information.

To better provide You with products and services offered through Our Services, Game of Hearts may collect personally identifiable information. While using Our Services, You may be required to provide certain personal or personalized information to us (such information referred to hereinafter as “Personal Information”). Our information collection and use policies with respect to the privacy of such Personal Information are set forth in this privacy policy. We encourage You to read the privacy policy, and to use it to help make informed decisions. You acknowledge and agree that You are solely responsible for the accuracy and content of Personal Information.

• Definition of Personal Information. Personal information means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information includes, but is not limited to, the following if it identifies, relates to, describes, is capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household:
  • Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name social security number, driver’s license number, passport number, or other similar identifiers;
  • Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
  • Biometric Information;
  • Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web stie, application, or advertisement;
  • Geolocation data;
  • Audio, electronic, visual, thermal, olfactory, or similar information;
  • Professional or employment related information;
  • Education information, defined as information that is not publicly available personally identifiable information; and,
  • Inferences drawn from any of the information to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
• Personal Information Does Not Include. Personal information does not include publicly available information. Publicly available means information that is lawfully made available from federal, state, or local government records, if any conditions associated with such information. “Publicly available” does not mean biometric information collected by a business about a customer without the customer’s knowledge. Information is not “publicly available” if that data is used for a purpose that is not compatible with the purpose for which data is maintained and made available in the government records or for which it is publicly maintained. “Publicly available” does not include consumer information that is deidentified or aggregate consumer information. Non-Personal Information may also include aggregated information, collectively analyzed from a variety of users' personal information, such as the total number of times people engaged with a post, demographics, the number of people who clicked on a particular link or voted on a poll, the topics or events that people are engaging or posting about in a particular location, some inferred interests, aggregate location data including the number of active users within a particular geographic location, or reports to advertisers about how many people saw or clicked on their ads ("Aggregated Information").

Information We Collect About You.

We collect the information that You voluntarily provide to us. For example,

• To access and/or use Our Services (e.g., account registration, communication/networking features, purchases, reservations, promotions, etc.), We may require that You provide and/or otherwise make available to us certain information, which may include, among other things, Your legal name, email address, physical address, telephone number, date of birth and gender.
• When You purchase products or services on Our Site, We and/or Our third-party payment processor may collect all information necessary to complete the transaction, including Your name, billing information and shipping information.
• If You provide us feedback or contact us via email, We may collect Your name and email address, as well as any other content included in the email, in order to send You a reply. When You post messages on Our Site, the information contained in Your posting will be stored on Our servers and other users will be able to see it.
• When You participate in one of Our surveys, We may collect the information You choose to submit to us.
• We also collect other types of Personal Information that You provide to us voluntarily, such as Your operating system and version, and other requested information if You contact us via email regarding support for the Services.
• If You participate in a sweepstakes, contest, or giveaway through Our Services, We may ask You for Your email address, name, and phone number. These sweepstakes and contests are voluntary. We recommend that You read the rules for each sweepstakes and contest that You enter.
• We may allow You to sign up and log into Our Services using accounts You create with third-party products and services, such as Facebook, Google, Twitter, Apple ID, and LinkedIn (collectively, “Third-Party Accounts”). If You access the Services with Third-Party Accounts, We may collect information that You have agreed to make available such as Your name, email address, profile information and preferences with the applicable Third-Party Account. This information is collected by the Third-Party Account provider and is provided to us under their privacy policies. You can generally control the information that We receive from these sources using the privacy settings in Your Third-Party Account.
• We may also collect Personal Information at other points in the Services that state that Personal Information is being collected.
  • Consent by Creating Account. By creating an account with Game of Hearts, You affirmatively consent to Our collection of and use of the above information, including transfer of that information to servers located in the United States. You can turn off Your GPS location and/or internet access on Your computer or mobile device at any time, but You acknowledge that You may not be able to stream/upload/interact with content on Our Services while Your GPS location tracking and/or internet is disabled. You understand that We may need Your GPS location tracking data to show you potential users in Your area for Your to match and engage with.
  • Voluntary Disclosure of Personal Information to Other Users. Please be aware that if You directly disclose personally identifiable information or personally sensitive data through posting or streaming to Our Services through communication channels on Our Services, including but not limited to, private messages between users, this information may be accessible by others and be collected and used by others. Game of Hearts not responsible for any personal information You choose to disclose in these public or private areas. We encourage You to be cautious when disclosing personal information to others in private messages, profile biographies, or any other public or private area of Our Services. We recommend that You do not share any personally identifiable information, such as Your full name, address, phone number, or email address. If You choose to disclose such information, You do so at Your own risk. We reserve the right to monitor private messages between users for any objectional behavior or actions under this Agreement, and may take enforcement action at Our discretion against any user found to be engaging in such behavior or actions.

Information We Collect Automatically.

When You access and/or use Our Services, We automatically collect certain information through cookies, web beacons and other technologies and store it in Our log files. This information includes anonymous identifiers, operating system and version, Your Internet protocol (IP) address, pages You view on Our website and application, search terms You entered to arrive at Our Services and other information regarding Your access to and/or use of Our Services. We may combine this information with other information that We have collected about you, including, where applicable, Your username, name, and other Personal Information.

Location Information.

Our Services may allow access to, or make available opportunities for You to view, and/or receive, certain content, products, services, information, and other materials based, in whole or in part, upon Your location (“Location Based Content”). In order to make Location Based Content available to you, the Services will determine Your location using one or more points of data, reference and/or information associated with, among other things, the device You use to access and use the Services (a “Device”), including, without limitation, GPS, beacons, device software/features/services and other points of data, reference, and information. If You have set Your device to disable GPS, Bluetooth, Wi-Fi, or other location determining or assisting software, features or services, or do not authorize the Services to access Your location data, the Services may not be able to determine Your location and You may not be able to access, view and/or receive Location Based Content.

Address Book.

Our Services neither generally accesses nor stores Your contact list and/or address book (and the information contained therein). If the certain features of Our Services require access to Your contact list and/or address book, such as to send You notifications, send user invites, etc., then We will ask for Your consent to do so. If You do not consent to Our access of such information, You may not be able to use certain functionality within Our Services.

Information We Obtain from Third Party Sources.

From time to time, We receive Personal Information about You from third party sources but only where We have received assurances from these third parties that they have either received Your consent or are otherwise legally permitted or required to disclose Your Personal Information to us. The types of information We may collect from third parties include Your name and email address, phone number, gender, and physical address. We use the information We receive from these third parties in order to provide services to those third parties (for example, payment and order processing services).

Third Party Links.

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by Game of Hearts. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, applications, or services. You acknowledge and agree that Game of Hearts shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites, applications, or services. We encourage You to be aware when You leave Our website and application and to read the terms and conditions and privacy policy of each third-party website, application, or service that You visit or use.

How We Use Your Information.

Game of Hearts may collect and use Your personal information to operate its website(s) and applications and to deliver its services. Game of Hearts does NOT sell, rent, or lease its customer lists to third parties. However, We may use Your personal information, for example, as follows:

• To provide the Services to you, to communicate with You about Your use of the Services, to respond to Your inquiries, to fulfill Your orders, and for other customer service purposes.
• To tailor the content and information that We may send or display to you, to offer location customization, or to otherwise personalize Your experiences while using the Services.
• For marketing and promotional purposes. For example, We may send You emails about products or information We think may interest you. We may also use the information that We learn about You to help determine when and how to advertise Our Services on third-party websites, advertising networks and services, or to customize advertising to You or to customize Your experience on Our website and application.
• To verify Your eligibility to win a prize in a sweepstakes, contest, or giveaway You have entered and to deliver that prize to you.
• For the prevention and detection of fraud or infringement of Our or any third party’s rights.
• To better understand how users access and use Our Services, both on an aggregated and individualized basis, in order to improve Our Services, respond to user preferences, and for other research and analytical purposes.
• To diagnose Service or technical problems.
• To ensure and maintain the security of the Services.
• To comply with legal obligations or legal process.
• For any other purposes described in this privacy policy or disclosed at the time You provide us with the Personal Information.
• Use of Cookies. Our Services may use "cookies" to help You personalize Your online experience. A cookie is a text file that is placed on Your hard disk by a web page server ("Cookies"). Cookies cannot be used to run programs or deliver viruses to Your computer. Cookies are uniquely assigned to You and can only be read by a web server in the domain that issued the cookie to you.
  • Purpose of Cookies. One of the primary purposes of Cookies is to provide a convenience feature to save You time. The purpose of a Cookie is to tell the web server that You have returned to a specific page. For example, if You personalize Game of Hearts’ pages, or register an account with Our sites, applications, or Services, a cookie helps Game of Hearts to recall Your specific information on subsequent visits. This simplifies the process of recording Your personal information, such as billing addresses, shipping addresses, and so on. When You return to the same website, the information You previously provided can be retrieved, so You can easily use Our features that You customized.
  • Decline Cookies. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but You can usually modify Your browser setting to decline cookies if You prefer. If You choose to decline Cookies, You may not be able to fully experience the interactive features of Our Services, applications, or websites You visit.
  • Authorization of Use of Cookies. By creating an account with Game of Hearts, You authorize Our use of cookies for the purpose of enhancing and personalizing Your experience on the website, applications, and Services.
• Do Not Track Signals. Our Services do not respond to “Do Not Track” signals. Game of Hearts does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third-party sites do keep track of Your browsing activities when they serve You content, which enables them to tailor what they present to you. If You are visiting such third-party sites, then You should check Your browser settings and the third-party site's privacy policy to ensure that You are protected.
  • Tracking User Behavior. We may keep track of the websites and pages Our users visit within Our website and application in order to determine what Services are most popular. This data is used to deliver customized content and advertising within Our Services to customers whose behavior indicates that they are interested in a particular subject area. By creating an account with Game of Hearts, You authorize Game of Hearts to track Your activity on Our Services.
  • Sharing Information with Third Parties and Service Providers. In certain situations, We may employ other companies and people to perform tasks on Our behalf and may share Your information with them to provide that service. Except as stated in this Agreement or unless We inform You otherwise, Our service providers do not have any right to use the Personal Information We share with them beyond what We deem necessary to assist us in performing such tasks. We may share data with trusted partners to help perform statistical analysis, send You email or postal mail, or provide customer support. All such third parties are prohibited from using Your Personal Information except to provide these services to Game of Hearts, and they are required to maintain the confidentiality of Your information under this privacy policy.
  • Consent by Creating Account. By creating an account with Game of Hearts, You affirmatively acknowledge that We may disclose Your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Game of Hearts; (b) protect and defend the rights or property of Game of Hearts; and/or (c) act under exigent circumstances to protect the personal safety of users of Game of Hearts, or the public.
• Sharing of Non-Personal Information. In certain situations, Game of Hearts may share, sell, rent, lease, or disclose non-personal data, such as Aggregated Information including, but not limited to, the total number of times people engaged with a post, demographics, the number of people who clicked on a particular link or voted on a poll, the topics or events that people are engaging or posting about in a particular location, some inferred interests, aggregate location data including the number of active users within a particular geographic location, or reports to advertisers about how many people saw or clicked on their ads. Game of Hearts does not sell Your personal data as defined under the California Consumer Privacy Act and this privacy policy. Aggregate information collected, analyzed, and shared by Game of Hearts does NOT disclose any identifiable information or personal information of a particular user, rather, it is collective correlations, trends, and analytics pertaining to Our Services and users in its entirety. For more information about the aggregated data We may collect and share with others, please email us at goh@gameofhearts.com. All requests must be clearly labeled "Aggregated Information " in the email subject line and contain a short detailed description about the information sought.

California Consumer Privacy Act, General Data Protection Regulation.

Game of Hearts may ask You to disclose personal information or may collect personal information about You pursuant to this privacy policy. You may ask Game of Hearts to disclose what personal information We have about You and what We do with that information, You may request to delete Your personal information and opt-out of the sale of Your information. Generally, We may not discriminate against You for exercising Your rights under this privacy policy. All information that Game of Hearts collects about You is data portable, meaning that We will store Your information in a format that can be easily shared and understood by You. By creating an account with Game of Hearts, You agree to provide accurate information to Game of Hearts. Subject to certain exceptions set out below, on receipt of a verifiable requests from You asserting Your rights under this privacy policy, We will:

• Send You all personal information We have in Our database about You;
• Correct any erroneous information at Your request;
• Delete Your personal information from Our records; and
• Direct any service providers to delete Your Personal Information from their records.
• Right to Know, Right to Access. Registered users may request Game of Hearts to disclose the information that We have collected, used, shared, or sold about You, and why We collected, used, shared, or sold that information. All requests must be labeled “Request to Know” on the email subject line. Specifically, You may request that We disclose:
  • Categories of personal information collected;
  • Specific pieces of personal information collected;
  • Categories of sources from which the business collected personal information;
  • Purposes for which the business use the personal information;
  • Categories of third parties with whom the business shares the personal information; and,
  • Categories of information that the business sells of discloses to third parties.
• Right to Correct. Registered users may request that Game of Hearts correct personal information that We have collected from You. All requests must be labeled “Request to Correct Information” on the email subject line. You may correct any inaccurate or incomplete personal data that We have collected.
• Right to Delete, Right to Erasure. Registered users may request that Game of Hearts delete personal information that We have collected from you. All requests must be labeled “Request to Delete” or "Request to Erase" on the email subject line.
• Right to Opt-Out, Right to Restrict Processing. Registered users may request that Game of Hearts stop selling Your personal information or cease processing and using Your data if You believe that the information is inaccurate, is being used illegally, or is no longer needed for Game of Hearts to perform its services. All requests must be labeled “Request to Opt-Out” or "Request to Restrict Processing" on the email subject line. The sale of information means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration. Generally, Game of Hearts does NOT engage in the sale of personal information. For purposes of this section, Game of Hearts does NOT sell personal information.
• Right to Non-Discrimination. Game of Hearts cannot deny goods or services, charge You a different price, or provide a different level or quality of goods or services just because You exercise Your rights under this privacy policy. However, if You refuse to provide Your personal information to Game of Hearts or request Game of Hearts to delete or selling or using Your personal information, and that personal information or sale is necessary for Game of Hearts to provide You with goods or Services, then Game of Hearts may not be able to complete Your transaction or provide Our Services to You. Generally, Game of Hearts does NOT engage in the sale of personal information. For purposes of this section, Game of Hearts does not sell personal information.
• Right to Object to Requests. In certain situations, Game of Hearts may enforce its right to object to any Requests to Delete, Requests to Opt-Out, and Requests to Restrict Processing. Game of Hearts will not be required to delete Your information if it is necessary for Game of Hearts to maintain Your personal information in order to:
  • Not Required to Delete Under the California Consumer Protection Act.
  • Complete the transaction for which the personal information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of a business’s ongoing business relationship with the consumer, or otherwise perform a contract between the business and the consumer;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
  • Debug to identify and repair errors that impair existing intended functionality;
  • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the businesses’ deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent;
  • Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code;
  • To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business;
  • Comply with a legal obligation; and,
  • Otherwise use the consumer’s personal information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.
  • Right to Object to Processing Under General Data Protection Regulation.
  • Exercise the right of freedom of expression and information;
  • To compliance with a legal obligation within the European Union, which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • For reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) of the General Date Protection Regulation;
  • For archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of the General Date Protection Regulation in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; and,
  • For the establishment, exercise or defense of legal claims.
• Requests. All requests under this section must be emailed to goh@gameofhearts.com. All requests must provide a description of the content or information in You want removed and information reasonably sufficient to permit us to locate the material and, so that We can process Your request and contact You if We have questions, include Your registered username, name, street address, city, state, zip code and email address (Your street address is optional if You wish to receive a response to Your request via email), include the name and URL (if applicable) of the website, application or other interactive service and indicate Your preference on how Our response to Your request should be sent (email or postal mail). We shall not accept requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly and may not be able to respond if You do not provide complete information. Please note that any requests for removal do not ensure complete or comprehensive removal of the Content or information from the Services. For example, content that You have posted may be republished or reposted by another user or third party.

Children’s Online Privacy Protection Act.

The rules of the Children’s Online Privacy Protection Act are directed towards children under the age of 13 years old. Game of Hearts does not knowingly collect personally identifiable information from children under the age of thirteen. Note that Our Services have a strict age requirement. You must be at least 18 years of age or older to access or use Our Services and create an account. By accessing or using Our Services, You represent and warrant that You are at least 18 years of age. We reserve the right to immediately terminate Your account and block Your access to Our website if We become aware or suspect that You are under 18 years of age. The consent of a parent or guardian does not obviate the need to comply with this requirement. We are not responsible for any damages or harm resulting from a user’s misrepresentation of their age.

• Request Under Children’s Online Privacy Protection Act. If (i) a user has falsely misrepresented their age, (ii) a user is posting User Content related to children under the age of eighteen (18), and (iii) You wish to prevent further use or online collection of a child’s personal information or (iv) delete Your child’s personal information or account, please email [insert support email address]. All requests must be clearly labeled “Request Under Children’s Online Privacy Protection Act”. All requests must provide a description of the content or information in the User Content that You want removed and information reasonably sufficient to permit us to locate the material and, so that We can process Your request and contact You if We have questions, include Your registered username, name, street address, city, state, zip code and email address (Your street address is optional if You wish to receive a response to Your request via email), include the name and URL (if applicable) of the website, application or other interactive service and indicate Your preference on how Our response to Your request should be sent (email or postal mail). We shall not accept requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly and may not be able to respond if You do not provide complete information.

Stop Hacks and Improve Electronic Security Act.

In compliance with the State of New York’s Stop Hacks and Improve Electronic Security Act, Game of Hearts has developed, implemented, and maintains reasonable safeguards to protect the security, confidentiality, and integrity of the private information of its users.

• Data Security Program. Game of Hearts has implemented a data security program to maintain reasonable safeguards to ensure the protection of its user’s private information. Reasonable safeguards that We take to ensure the protection of personal information includes, but is not limited to:
• Designating an employee or employees to coordinate the data security program;
• Training and managing employees in the security program practices and procedures;
• Assessing internal and external risks and implementing controls to reduce those risks;
• Vetting service providers and binding them contractually to safeguard private information; and,
• Securely destroying private information within a reasonable amount of time after it is no longer needed for business purposes.
• Security of Your Personal Information. Game of Hearts secures Your personal information from unauthorized access, use, or disclosure. We use the following methods for this purpose:
• SSL Protocol
• What is SSL Protocol. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
• Acknowledgment of Risk. We strive to take appropriate security measures to protect against unauthorized access to or alteration of Your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while We strive to protect Your personal information, You acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond Our control; and (b) security, integrity

Email Communications.

From time to time, Game of Hearts may contact You via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. If You would like to stop receiving marketing or promotional communications via email from Game of Hearts, You may opt out of such communications by going into Your settings account and clicking on UNSUBSCRIBE at the bottom of the webpage.

Modification to the Agreement.

Game of Hearts reserves the right, in its sole discretion, without prior notice, to modify the terms of this Agreement by posting the revised Agreement on the Site and/or App. Your continued use of Our Services following any such modification constitutes Your agreement to be bound by the modified Agreement. The most current version of this Agreement will supersede all previous versions. We encourages You to periodically review this Agreement, our terms and conditions and this privacy policy to stay informed of Our updates.

Contact Information.

Game of Hearts welcomes Your questions or comments regarding this Agreement and statement of privacy policy. If You have any comments, questions, or suggestions regarding this Agreement that can help Game of Hearts provide better Services to You, or if You believe that Game of Hearts has not adhered to this Agreement, then please contact Game of Hearts at: goh@gameofhearts.com.

Effective as of July 25, 2023.