Effective Date: May 1, 2018
- What We Do. We want gaming and online experiences to be awesome, just like you. You can help us. We provide a user experience service to companies to help them learn about and understand what players or users like you really want from a website, application or game. By completing our Assessment, we hope to learn more about you and other users who use the same services as you so that we can make suggestions and recommendations to our clients as to how they can build more engaging experiences for their users (including you) (e.g. via design or new features) and how they can approach and interact with their users (including you) (e.g. via marketing or targeting). If you work for our customer, you may be accessing our Site to access certain reports and services we provide via the customer’s account on the Site.
- Transparency/Notice—Types of Personal Information We Collect and How We Use It. The types of Personal Information we may collect (directly from you or from Third-Party sources) and our privacy practices depend on the nature of the relationship you have with 12traits and the requirements of applicable law. Some of the ways that 12traits may collect Personal Information include:
- You may provide Personal Information directly to 12traits through interacting with the Services, responding to Assessments, and requesting Services, or information.
- As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below.
We endeavor to collect only that information which is relevant for the purposes of Processing. Below are the ways we collect Personal Information and how we use it.
4.1 Types of Personal Information We Collect. 12traits collects Personal Information regarding its current, prospective, and former users and Assessment respondents (collectively “Individuals”).
- Information You Provide Directly to Us. When you use the Services or engage in certain activities, such as responding to an Assessment, requesting Services or information, or contacting us directly, we may ask you to provide some or all of the following types of information:
- Assessments. When you answer a 12traits Assessment, we may collect information from you such as your gender, age, education level, and the country where you live. If you access our Assessment from a Third-Party website, application or game, the Third-Party may also provide us with a unique identifier associated to you (see “Information from Other Sources” below). In addition, these Assessments will often ask you for other information such as your values and behaviors, your likes and dislikes, preferences, daily activities and other relevant questions. All information collected from your participation in our Assessments is provided by you voluntarily and you explicitly consent to our Processing of this information. We may use such information to improve our products, Services and in any manner consistent with the policies provided herein.
- Surveys. From time to time, we may contact you to participate in online surveys. If you do decide to participate, you may be asked to provide certain information which may include Personal Information. All information collected from your participation in our surveys is provided by you voluntarily and you explicitly consent to our Processing of this information. We may use such information to improve our products, and/or Services and in any manner consistent with the policies provided herein.
- Communications with Us. We may collect Personal Information from you such as email address, phone number or mailing address when you choose to request information about our Services or register for any 12traits’ newsletter that we may offer from time to time, request to receive customer or technical support, or otherwise communicate with us.
- Registration for Sweepstakes or Contests. Occasionally, 12traits may run sweepstakes and contests. We ask those who enter in the sweepstakes or contests to provide contact information (e.g., an e-mail address). If you participate in a sweepstakes or contest, your contact information may be used to reach you about the sweepstakes or contest, and for other promotional, marketing and business purposes. All sweepstakes/contests entry forms will provide a way for participants to opt-out of any communications that are not related to awarding prizes.
- Automatic Data Collection. We may collect certain information automatically through our Services or other methods of web analysis, such as your Internet protocol (IP) address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences.
- Information from Other Sources. We may receive information about you from other sources, including through Third-Party services and organizations to supplement information provided by you. For example, if you access our Services through a Third-Party website, application or game, we may collect information about you from that Third-Party website, application or game that you have made public via your privacy settings. The Third-Party may also provide us with a unique identifier associated to you.4.2 How 12traits Uses Your Information. We acquire, hold, use, and Process Personal Information about Individuals for a variety of business purposes, including:
- To Provide Products, Services, or Information Requested. 12traits may use information about you to fulfill requests for products, Services, or information, including information about potential or future Services, including to:
- Generally manage Individual information and accounts;
- Respond to questions, comments, and other requests;
- Provide access to certain areas, functionalities, and features of 12traits’ Services;
- Contact you to answer requests for customer support or technical support;
- Administrative Purposes. 12traits may use Personal Information about you for its administrative purposes, including to:
- Measure interest in 12traits’ or Third-Party Services;
- Develop new products and services;
- Ensure internal quality control;
- Verify Individual identity;
- Communicate about Individual accounts and activities on the Services and systems, and, in 12traits’ discretion, changes to any 12traits policy;
- Send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance;
- Process applications and transactions;
- Prevent potentially prohibited or illegal activities;
- Enforce our Terms.
- Marketing 12traits Products and Services. 12traits may use Personal Information to provide you with materials about offers, products, and Services that may be of interest, including new content or Services. 12traits may provide you with these materials by phone, postal mail, facsimile, or email, as permitted by applicable law. Such uses include:
- To tailor content, advertisements, and offers;
- To notify you about offers, products, and services that may be of interest to you;
- To provide Services to you and our sponsors;
- For other purposes disclosed at the time that Individuals provide Personal Information; or
- Otherwise with your consent.
You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes, as further described in Section 6 below.
- Research and Development. 12traits may use Personal Information and other information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and Services or develop new products and services. From time to time, 12traits may perform research (online and offline) via surveys. We may engage Third-Party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and Services we and Third-Parties we work with provide. The survey responses may be utilized to determine the effectiveness of our and Third-Party Services, various types of communications, advertising campaigns, and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research, analysis and other purposes.
- Direct Mail, Email and Outbound Telemarketing. Individuals who provide us with Personal Information, or whose Personal Information we obtain from Third Parties, may receive periodic emails, newsletters, mailings, or phone calls from us with information on 12traits’ or our business partners’ products and services or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to the Individual by following the instructions in Section 6 below.
- Anonymous and Aggregated Information Use. 12traits may use Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access 12traits’ Services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services and Third-Party services. Anonymized or aggregated information is not Personal Information, and 12traits may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within 12traits and with Third Parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
- Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.
- Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Services that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
- Analytics. We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop website content. This analytics data is not tied to any Personal Information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and Processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.Our uses of such Technologies fall into the following general categories:
Advertising or Targeting Related. We may use first-party or Third-Party cookies and web beacons to deliver content, including ads relevant to your interests, on our sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.
If you would like to opt-out of the Technologies we employ on our sites, Services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.
4.4 Third-Party Websites, Social Media and Gaming Platforms. The Services may contain links to other websites or applications and other websites or applications may reference or link to our or other Services. These other domains and websites are not controlled by us, and 12traits does not endorse or make any representations about Third-Party websites, social media or gaming platforms. We encourage our users to read the privacy policies of each and every website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites and applications is at your own risk.
5. Onward Transfer—12traits May Disclose Your Information.
- We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers. The types of service providers (processors) to whom we entrust Personal Information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing; (iv) customer service activities; and (v) in connection with the provision of the Services. 12traits has executed appropriate contracts with the service providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.
- 12traits Customers. 12traits may share Personal Information and the results of our analysis with our customers (for example the provider of the website, application or game which directed you to our Assessments), and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. To be clear, we do not share the individual responses you provide to any 12traits Assessment. We provide an analysis or report based on your and other Individuals’ responses. 12traits may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with 12traits. 12traits requires our affiliates and business partners to agree in writing to maintain the confidentiality and security of Personal Information they maintain on our behalf and not to use it for any purpose other than the purpose for which 12traits provided them.
- Marketing – Interest-Based Advertising and Third Party Marketing. Through our Services, 12traits may allow Third-Party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected Personal Information (such as demographic information and past purchase history) we have collected with Third-Party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-12traits related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising”. We may allow access to other data collected by the Services to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer that we do not share your Personal Information with Third-Party advertising partners, you may opt-out of such sharing at no cost by following the instructions in Section 6 below.
- Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures). We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours’, ours’ or others’ rights, property, or safety; (iv) to enforce 12traits policies or contracts; (v) to collect amounts owed to 12traits; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.
In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
5.2 Data Transfers. All Personal Information collected via or by 12traits may be Processed and stored anywhere in the world, including but not limited to, the United States, the European Union, in the cloud, on our servers, on the servers of our business partners, affiliates or the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to 12traits, you agree to the transfer, Processing and storage of your Personal Information globally. Where required by law, international transfers of Personal Information will be supported by an adequacy mechanism.
6. Opt-Out (Right to Restrict Processing).
6.1 General. You have the right to opt out of certain uses and disclosures of your Personal Information. Where you have consented or explicitly consented to 12traits’ Processing of your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt-out to further Processing by contacting as at firstname.lastname@example.org. Even if you opt-out, we may still collect and use non-Personal Information regarding your activities on our Services and/or information from the advertisements on Third-Party websites for non-interest based advertising purposes, such as to determine the effectiveness of the advertisements.
6.3 “Do Not Track”. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
6.4 Cookies and Interest-Based Advertising. As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.
The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/ and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics here.
Although 12traits makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which 12traits is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If 12traits determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, 12traits will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.
By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or sending an e-mail to you. You may have a legal right to receive this notice in writing.
10. Children’s Privacy. The Services are not directed to children under 13 (and in certain jurisdictions under the age of 16) years of age, and 12traits does not knowingly collect Personally Identifiable Information from children under 13 (and in certain jurisdictions under the age of 16) years of age. If you are under the age of 18, you must have your parent’s permission to access the Services and the games. 12traits urges parents to instruct their children never to give out their real names, addresses, or phone numbers, without parental permission, when online. If you learn that your child has provided us with Personal Information without your consent, you may alert us at email@example.com. If we learn that we have collected any Personal Information from children under 13 (and in certain jurisdictions under the age of 16), we will promptly take steps to delete such information.
12. Other Rights and Important Information.
New Uses of Personal Information. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the Individual for the Processing of Personal Information is otherwise required by law or contract, 12traits will endeavor to comply with the law or contract.12.2 California Privacy Rights. California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the Third Parties to whom we have disclosed their Personal Information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. 12traits does not share Personal Information with Third Parties for their own marketing purposes.
13. Definitions. The following capitalized terms shall have the meanings herein as set forth below.
- “Agent” means any Third Party that Processes Personal Information pursuant to the instructions of, and solely for, 12traits or to which 12traits discloses Personal Information for use on its behalf.
- “Personal Information” is any information relating to an identified or identifiable natural person (“Individual”).
- “Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
- “Sensitive Data” or “Sensitive Personal Information” is a subset of Personal Information which, due to its nature, has been classified by law or by policy as deserving additional privacy and security protections. Sensitive Personal Information includes Personal Information regarding EU residents that is classified as a “Special Category of Personal Data” under EU law, which consists of the following data elements: (1) race or ethnic origin; (2) political opinions; (3) religious or philosophical beliefs; (4) trade union membership; (5) genetic data; (6) biometric data where Processed to uniquely identify a person; (6) health information; (7) sexual orientation or information about the Individual’s sex life; or (8) information relating to the commission of a criminal offense.
- “Third Party” is any company, natural or legal person, public authority, agency, or body other than the Individual, 12traits or 12traits’ Agents.