Privacy Policy

PRIVACY POLICY

Welcome to Cloud9.gg and/or store.cloud9.gg (the “Websites”), the online and mobile service of Cloud9 Esports, Inc. (“Cloud9,” “Company,” “we,” or “us”).  This Privacy Policy applies to our Websites and the services we provide on those Websites (collectively, our “Service”). Our Privacy Policy explains how we collect, use, disclose, and protect information that applies to our Service, and your choices about the collection and use of your information. We respect the privacy of individuals who access our Websites (the “Users”) and we are committed to protecting you privacy through compliance with the Privacy Policy. If you do not agree with our policies and practices, your choice is not to use the Website. By visiting this Site, you are accepting the practices described in this Privacy Policy.

  1. HOW WE COLLECT AND USE INFORMATION

We will collect both personal information, and non-personal information (collectively, the “Information”) and act as the data controller regarding your personal information.  We collect the following types of Information about you: When you make a purchase or attempt to make a purchase through the Websites, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number (collectively, “Order Information”). We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
  • For the purposes for which you provided it;  
  • To communicate with you;
  • To process and respond to your inquiries;
  • When in line with the preferences you have shared with us, to send you alerts or other communications via SMS messages or other media or networks;
  • For internal research and reporting;
  • Screen our orders for potential risk or fraud; and
  • When in line with the preferences you have shared with us, provide you with information or advertising relating to our Products or Services.
We may ask for certain information such as your username, first and last name, birthdate, phone number, address, e-mail address when you register for a Company account or if you correspond with us (the “User Content”).  We may also retain any messages you send through the Service, and may collect information you provide in User Content you post to the Service.  We use this information to operate, maintain, and provide to you the features and functionality of the Service.  We may receive information about you from third parties (“Third-Party Information”). For example, if you access our websites or Service through a third-party connection or log-in, for example, through Facebook Connect, by “following,” “liking,” adding the Company application, linking your account to the Company Service, etc., that third party may pass certain information about your use of its service to Company.  This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that third-party service.  If you allow us access to your friends list, your friends’ user IDs, and your connection to those friends, may be used and stored to make your experience more social, and to allow you to invite your friends to use our Service as well as provide you with updates if and when your friends join Company. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Company Service.  You may also unlink your third-party accounts from the Service by adjusting your settings on the third-party service.  If you unlink your third-party account, we will remove the information collected about you in connection with that service. We use this Third Party Information and User Content to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages, to allow you to locate others and have others locate you on the Service, and to permit you to share content with others on the Service. We may also send you Service-related emails or messages (e.g., account verification, order confirmations, change or updates to features of the Service, technical and security notices).  For more information about your communication preferences, see “Your Choices Regarding Your Information” below. Cloud9 may offer you the ability to receive newsletters or marketing periodically by email about our Products and Services. You can stop receiving further newsletters or marketing emails by unsubscribing from the link in the footer of each email we send to you. We may automatically collect certain types of usage information when you visit our website or use our Service.  When you visit the Service, we may send one or more Cookies to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site.  “Cookies” are small text/data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. A Cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click, how frequently you access the Service, and other actions you take on the Service), and allow us to track your usage of the Service over time. We may collect log file information from your browser or mobile device each time you access the Service.  Log file information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, date/time stamps, and other such information. We may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users.  In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients.  The information allows for more accurate reporting and improvement of the Service. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service.  These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third-party applications, and other information that assists us in analyzing and improving the Service. We use or may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to:  (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Service; (e) diagnose or fix technology problems; (f) otherwise to plan for and enhance our Service; and (g) automatically update the Company application on your mobile devices. If you are a California resident or if you reside in the European Economic Area (“EEA”: the countries of the European Union as well as Norway, Liechtenstein and Island) additional provisions apply. Please check the sections “California Privacy Rights” and “Users outside the USA” for further information.

  1. SHARING YOUR INFORMATION

We may share your Information in the instances described below. For further information on your choices regarding your Information, see the section below called, “Your Choices Regarding Your Information.” Remember, our Services allow you to connect with others and share information about yourself with other individuals. Your profile information, including your name, photo, location and other personal information, will be available publicly to other members of the Service by default and may be searchable by search engines which may display certain of your Information publicly.   By using the Service, you consent to have your profile information and your location displayed to other members of the Service.  Consider your own privacy and personal safety when logging in to our Service and sharing your Information with anyone.  When/if you post Information publicly through the Websites (if applicable) it may be viewable by other users of these sites and we cannot prevent further use of the personal information by third parties. We may also share your Information with:
  • Other companies owned by or under common ownership as Company, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns.  These companies will use your personal information in the same way as we can under this Policy;
  • Third-party vendors, consultants and other service providers that perform services on our behalf, in order to carry out their work for us, which may include identifying and serving targeted advertisements, content or service fulfillment, or providing analytics services;
  • Third-parties who you expressly grant us permission to share your personal information with;
  • The public and other members of the Service at your request.  Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings.  To change your privacy settings on the Service, please change your profile settings, if applicable;
  • Other parties in connection with any company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy or related or similar proceedings; and
  • Third parties as required to (i) satisfy any applicable law, regulation, subpoena/court order, legal process or other government request, (ii) enforce our Terms of Use Agreement, including the investigation of potential violations thereof, (iii) investigate and defend ourselves against any third party claims or allegations, (iv) protect against harm to the rights, property or safety of Company, its users or the public as required or permitted by law and (v) detect, prevent or otherwise address criminal (including fraud or stalking), security or technical issues. 
Company may allow third-party ad servers or ad networks to serve advertisements on the Service.  These third-party ad servers or ad networks use technology to send, directly to your browser or mobile device, the ads and ad links that appear on the Service, and will automatically receive your IP address when they do so.  They may also use other technologies (such as cookies, JavaScript, device identifiers, location data, and clear gifs, see above) to compile information about your browser’s or device’s visits and usage patterns on the Service, and to measure the effectiveness of their ads and to personalize the advertising content.  Company does not sell, rent, or share the information we collect directly from you or about you from third parties with these third-party ad servers or ad networks for such parties’ own marketing purposes.   We will disclose your Information where necessary for the purpose of exercising, establishing or defending our legal rights. For example, we will review your communications and other Information in order to investigate allegations of hacking or any other breach or alleged breach of any applicable Terms of Use or this Privacy Policy and disclose your personal information, including communications, to our legal advisors, consultants and law enforcement or other government officials. We disclose your Information to third parties where we believe this is necessary to protect the rights, property or safety of any person.  For example, we disclose Information relating to an online account if we in good faith believe the user of that account is using it in ways that are harmful to others (e.g. making inappropriate contact with minors).  The Company Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers.  Please consult the respective privacy policies of such advertisers or contact such advertisers for more information.

  1. HOW WE STORE AND PROTECT YOUR INFORMATION

Storage and Processing:  Your information collected through the Service may be stored and processed in the United States or any other country in which Company or its subsidiaries, affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer Information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which Company or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy. Keeping your Information safe:  Cloud9 cares about the security of your Information, and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the Service.  To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account.  We use physical, technical, and procedural safeguards that comply with applicable legal standards to secure your Information from unauthorized access, use, alteration, and destruction. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Company, at all times.  However, Company cannot ensure or warrant the security of any Information you transmit to Company or guarantee that Information on the Service may not be accessed, disclosed, altered, or destroyed.  Your privacy settings may also be affected by changes to the functionality of third-party sites and services that you add to the Company Service, such as social networks.  Company is not responsible for the functionality or security measures of any third party. Compromise of information:  In the event that any Information under our control is compromised as a result of a breach of security, Company will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose Information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

  1. YOUR CHOICES ABOUT YOUR INFORMATION

Commercial and marketing communications: We use the Information we collect or receive to communicate directly with you.  We may send you emails containing newsletters, promotions and special offers.  If you do not want to receive such email messages, you will be given the option to opt out or change your preferences.  We also use your Information to send you Service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).  You may not opt out of Service related e-mails. You control your account information and settings:  You may update your account information and email-communication preferences at any time by logging into your account and changing your profile settings.  You can also stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications.  We make every effort to promptly process all unsubscribe requests.  As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).  If you have any questions about reviewing or modifying your account information, you can contact us directly at support@cloud9.gg. Online Advertising.  We may permit third party online advertising networks to collect Information about your use of our website over time so that they may display ads that may be relevant to your interests on our Service as well as on other websites or apps.  Typically, the Information collected for this purpose is collected through cookies or similar tracking technology.  The only way to completely opt out of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device.  Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools.  (To learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, located at http://www.networkadvertising.org). Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/. Depending on your type of device or the third-party service, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents Company or its business partners from tracking your browser’s activities in relation to the Service, and for use in targeted advertising activities by third parties.  However, doing so may disable many of the features available through the Service.  If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at support@cloud9.gg. How long we keep your Information and User Content:  Following termination or deactivation of your account, Company may retain your Information and User Content for a commercially reasonable time for backup, archival, or audit purposes.  

  1. “DO NOT TRACK”

Although we do our best to honor the privacy preferences of our customers, we are not able to respond to Do-Not-Track signals from your browser at this time.  As discussed above, we track website usage information through the use of cookies for analytic and internal purposes only.  Because we do not collect this information to track you across websites over time, your selection of the “Do Not Track” option provided by your browser will not have any effect on our collection of cookie information for analytics or internal purposes.

  1. CHILDREN’S PRIVACY

Company does not knowingly collect or solicit any Information from anyone under the age of 13 or knowingly allow such persons to register as Users.  The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected Information from a child under age 13 without verification of parental consent, we will delete that Information as quickly as possible.  If you believe that we might have any Information from or about a child under 13, please contact us at support@cloud9.gg.  

  1. CALIFORNIA PRIVACY RIGHTS

Since 2005, California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not share our customer's personal information with unaffiliated third parties for their own direct marketing purposes, without their approval.  The California Consumer Privacy Act of 2018 (the “CCPA”) grants California residents the following rights with regard to the personal information we collect about you: (i) the right to know what personal information we have collected about you, and the purpose for which it was collected in the past twelve (12) months; (ii) the right to request that we delete any personal information we have collected from you (subject to certain exceptions, as outlined in the CCPA and CPRA); (iii) the right to opt-out of the sale of your personal information; and (iv) the right to non-discrimination for exercising your rights herein.  For the avoidance of doubt, we do not sell your personal information, but if we did, California residents would have the right to opt out of the sale of your personal information, pursuant to the rights granted above.  The California Privacy Rights Act (the “CPRA”) amended and expanded the existing CCPA laws governing consumer privacy and data rights for California residents. CPRA grants special protection to California consumers’ data pertaining to government identifiers, financial account login information, precise geolocations, genetic data, biometric information, race, ethnicity, religious and/or philosophical beliefs, union memberships, content of non-public communications, and data relating to your sex life and/or sexual orientation (collectively, “Sensitive Personal Information”). In addition to the rights granted by the CCPA, the CPRA grants California residents the following rights regarding the personal information we collect: (i) the right to request that we limit our use and discloser of your Sensitive Personal Information; (ii) the right to correct any inaccurate personal information; and (iii) the right to opt-out of the sharing of your personal information with any third-party. Cloud9 does not currently meet any of the legal thresholds which would subject Cloud9 (and your personal information) to the CPRA; in the event Cloud9 does meet the applicable legal thresholds, Cloud9 shall comply with the CPRA, and your rights granted thereunder.   We shall not discriminate against you based upon the exercise of any of the above rights. If you are a California resident and wish to opt out of having your personal information shared with third parties, opt out of receiving information from Cloud9 about new products, services, or promotions, and/or exercise any other California privacy right, please contact us in accordance with the Contacting Us section above. We will be happy to honor your request. Since January 1, 2015, California Business and Professions Code Section 22581 permits you, if you are a California resident under the age of 18, to view, correct, or delete Information provided by you or publicly posted by you. You may do this by please contacting us in accordance with the Contacting Us section above, and asking us to delete certain posted content. We will be happy to review, update or remove Information and/or content as appropriate. Residual copies of Information and/or content that have been deleted may remain in our backup systems. We may still retain your Information to resolve disputes, enforce our user agreement, or comply with legal requirements; in this case, your personal information will be blocked from use for any other purpose. 

  1. OTHER STATES PRIVACY RIGHTS

In the United States of America, other states have passed privacy laws to protect the privacy and data of their residents. Notably, Colorado, Connecticut, Virginia, and Utah all grant protections to state residents concerning certain use of resident’s data. Cloud9 does not currently meet any of the legal thresholds which would subject Cloud9 (and your personal information) to the data protection laws in Colorado, Connecticut, Virginia, or Utah; in the event Cloud9 does meet the applicable legal thresholds, Cloud9 shall comply with the applicable data protections laws, and your rights granted thereunder.  

  1. USERS OUTSIDE THE USA

We only process or transfer your Information where we can rely on legal grounds and appropriate safeguards to do so. Your Information may be transferred to and processed in the United States where many of our central databases operate or other countries where our vendors maintain facilities or business operations. You may have additional rights regarding your Information if you are located outside of the USA. At this time, Cloud9 does not meet the thresholds which would subject Cloud9 (and your data) to the General Data Processing Regulation (the “GDPR”); in the event Cloud9 does meet the applicable legal thresholds, Cloud9 shall comply with the GDPR, and your rights granted thereunder.   If you have questions, please contact us using the contact details set out in the “Contact Us” section above. No matter where the Information is located, Cloud9 takes commercially reasonable measures to safeguard your privacy rights in accordance with this Privacy Policy. If you do not agree to the collection, processing, storage and transfer of your Information, please do not provide your Information when requested and stop using our websites and other online products and services. 

  1. DATA RETENTION

We delete your personal information which we process for the performance of the contract or based on your consent in case you terminate your contract with us, withdraw your consent or where you request us to delete your personal information in accordance with this Privacy Policy. As an exception, we will not delete your personal information where we still have a legitimate interest to use your personal information. For example, we may still retain your Information to resolve disputes, enforce our Terms of Service or other user agreements, or comply with legal requirements; in these cases, your personal information will be blocked from use for any other purpose. In any case, we will not retain or use your personal information longer than necessary for the purposes outlined in this Privacy Policy. Due to technical reasons, residual copies of Information that has been removed from your account and/or the Properties may remain in our backup systems.

  1. LINKS TO OTHER WEB SITES AND SERVICES

We are not responsible for the practices employed by websites or services linked to or from the Service, including the information or content contained therein.  Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services.  Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies.  In addition, you agree that we are not responsible for and we do not have any control over any third-parties that you authorize to access your User Content and/or Information. If you are using a third-party website or service (like Facebook) and you allow such a third-party access to your User Content you do so at your own risk.  This Privacy Policy does not apply to Information we collect by other means (including offline) or from other sources other than through the Service.  

  1. HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Service, please contact us at support@cloud9.gg. Further, in the event you desire to have your Information deleted, please contact us at the same email address to make the request. We agree to delete Information to the extent required by applicable law, and to the extent we have agreed to in this Privacy Policy (for example, in the “Children’s Privacy” and “California Privacy Rights” sections of this Privacy Policy) when requested by you.

  1. GOVERNING LAW & DISPUTES

This Privacy Policy is governed by the laws of the State of California.    In the event a dispute arises between us and you regarding any of your Information (and/or User Content, as applicable) we collect and or share, in accordance with this Privacy Policy, such disputes shall be submitted to and settle be binding and confidential arbitration in accordance with the rules of the American Arbitration Association in Los Angeles, California.  Each party shall bear their own legal fees and costs in any arbitration and shall equally split the fees of the arbitration and the arbitrator. Any decision and findings of the  arbitrator  shall  be  final  and  binding  on  us and you and held  confidential  by  the parties,  and  the parties  agree  to execute    all documents necessary to maintain such confidentiality.

  1. CHANGES TO OUR PRIVACY POLICY

We may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices, and so you should review this page periodically. Your continued use of our Service shall be deemed approval of any Privacy Policy that is stated here at the time of your use, including any updates thereto. When we change the policy in a material manner we will update the ‘last modified’ date at the bottom of this page.

This privacy policy was last modified on August 21, 2023.