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ZMI - Privacy Policy

TRUSTe European Safe Harbor certification

Updated June 14, 2015

ZENIMAX MEDIA ONLINE PRIVACY NOTICE

ZeniMax Media Inc. and its divisions and subsidiaries (collectively, "ZeniMax") respects individual privacy and values the confidence of its customers, employees, consumers and others.  This Privacy Notice applies to all personal information received by ZeniMax from its online websites, services, products, and mobile applications. This policy also describes the choices available to you regarding the use of, your access to, and how to update your personal information. By registering for an account, using this website, and/or using any of ZeniMax’s products or services, including online game play, you acknowledge and agree that ZeniMax may process your personal information in accordance with this Privacy Notice.  IF YOU DO NOT AGREE TO THIS PRIVACY NOTICE, PLEASE DO NOT USE ANY ZENIMAX WEBSITE, OR ANY ONLINE OR OFFLINE PRODUCT OR SERVICE.

ZeniMax is TRUSTe Certified

ZeniMax is a Participant in the U.S.-E.U. and U.S. - Swiss Safe Harbor Programs

What types of information does ZeniMax collect and how will it be used?

Personal Information and How is it Collected?

Non-Personal Information

What Types of Non-Personal Information does ZeniMax Collect?

How is Non-Personal Information Collected?

Third Party and/or Social Features

Third Party Advertising

What About Do-Not-Track

With whom does ZeniMax share my personal information?

Can I choose how my personal information is used?

Service-related Announcements

Does ZeniMax collect personal information from children under 13?

What safeguards does ZeniMax use to protect my personal information?

What is ZeniMax's policy regarding links to third party websites?

Public Information Including User Generated Content, Online Forums, Blogs and Profiles

How can I access my personal information?

How do I ask a question or file a complaint?

 

ZeniMax is TRUSTe Certified

ZeniMax has received 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.  TRUSTe’s certification covers only the information that is collected through the websites and mobile applications that link to this Privacy Notice and display the TRUSTe certified privacy seal. The TRUSTe program does not cover information that may be collected through downloadable software.   If you have questions or complaints regarding our Privacy Notice or practices, please contact us at [email protected]  If you are not satisfied with our response you can contact TRUSTe here .ZeniMax is a Participant in the U.S.-E.U. and U.S. - Swiss Safe Harbor Programs.

 

Your personal data may be transferred to and processed in countries outside of the European Economic Area.  To ensure an adequate level of protection for personal information transferred to the US as required by European and Swiss data protection law, ZeniMax is a participant in the U.S. – E.U. and the U.S. – Switzerland Safe Harbor frameworks as set forth by the U.S. Department of Commerce and agreed upon with the European Commission and the Federal Data Protection and Information Commissioner of Switzerland, respectively.  ZeniMax has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.  To learn more about the Safe Harbor program, and to view ZeniMax’s certification, please visit http://www.export.gov/safeharbor/

What types of information does ZeniMax collect and how will it be used?

ZeniMax collects personal and non-personal information about you.  For some activities, we combine personal and non-personal information in order to improve your in-game experience, or for security, system integrity, or enforcement purposes.  For example, in some of our products or websites, we may ask you to create a username and password and provide personal information such as your age and date of birth. 

For certain products, ZeniMax may enhance or merge the personal information you provide with data from our third party partners in order to perform market analysis or to improve its products, services, or systems.  While this information may be shared with our partners that assist us in developing and improving our products, we do not sell this information to other companies or organizations.

Depending on the ZeniMax website that you are visiting, many of the activities listed may not be available and, as such, personal information and/or non-personal information may not be collected.  Additionally, we do not require you to submit personal information to gain access to our websites; however, you will not be able to utilize certain products, services, or features that require registration or receive materials such as newsletters unless such information is provided. 

Below, we discuss personal and non-personal information we collect. 

Personal Information and How is it Collected?

Generally, personal information is information that identifies you or that can be used to contact you online or offline.  The information that ZeniMax collects from you varies depending upon the product, service, or system and may include your name, credit or debit card information, email address, phone number, home address, zip code, country, birth date, mobile phone number, IP or MAC addresses, mobile device identifiers (e.g., UDID), and console device identifiers (e.g., XUID and PUID). We may collect personal information during:

  • Product, service, subscription, and/or other fulfillment;
  • Fulfillment of customer requests, orders, and purchases;
  • Registration or login to game, account, and other registration and/or subscription accounts, and when you link your game console or social media account (e.g., Facebook) to a ZeniMax account;
  • When you download our mobile apps or use our services;
  • Creation of a personal profile and/or forums profile;
  • Community forums, including Tell-A-Friend services and social media features, including Facebook, Twitter, Googleplus, Tumblr and other  OpenID providers;
  • Customer Services, technical service inquiries and other service-related assistance;
  • Player match-up and other in-game online competitions
  • In-game chat history, in-game mail, and other in-game communication services;
  • Contest registration, promotions, and prize acceptance;
  • Newsletter, marketing surveys, and email campaigns;
  • Tradeshow and/or event registration;
  • Submission of user-generated content;
  • Customer Services surveys and internal marketing;
  • Anti-cheat and fraud prevention and detection;
  • Service requests from third party service providers;
  • Beta testing or other product participation and evaluation; and
  • Other business related capacities (e.g. resumes submitted through our recruiting service provider’s page)

Non-Personal Information

In addition to personal information, we may collect information from you and your computer or mobile device through use of our services, embedded within messages to you, within social media, in some of our products, and otherwise.  ZeniMax collects non-personal information along with personal information in the context of online and mobile activities, such as online and mobile purchases, registration, or use of a product, service, or our games.  We may automatically collect certain non-personal geographic information (such as country location) or information about your computer (such as capabilities or game data processing), which we may then use to assist in responding to your Customer Services inquiry and as set forth in this policy. 

As with personal information, many of the activities listed may not be available depending on the ZeniMax website that you are visiting, and, as such, we may not collect non-personal information from you. 

Alone, non-personal information cannot be used to identify your name or to contact you; however, it is possible that some jurisdictions may consider some types of this information (such as IP address) to be as personal information.

What Types of Non-Personal Information does ZeniMax Collect?

ZeniMax and its third party service providers may collect non-personal information such as demographic and/or geographic information (gender, age, or information about your computer (capabilities, game data processing, browser or browser history, platform, game system, mobile device, connection, and so on).  We may also collect other non-personal information such as username, user ID or persona, nickname, language, occupation, gaming preferences, game play statistics, scores and achievements, user rankings, time spent playing our games, click paths and other data that you submit to us, such as in surveys, account preferences, friends’ lists or purchases.  For our Mobile Apps and Services, ZeniMax does not collect precise geolocation data, though we may collect general geolocation information to improve and personalize your experience for your geographic data.  You may opt out by turning this off at the device level.

We may use this information to provide our services to you, improve our products and services, generate aggregate statistics about our user community, personalize your experience for your geographic area, and we may provide such information to our service partners in order to personalize your experience on our websites, improve your gameplay experience, including to facilitate software updates, provide tailored Customer Services support, assist in security and fraud prevention, for system integrity (preventing hacking, cheats, spamming, etc.) or to enforce this Privacy Notice, our terms or our legal rights in accordance with national law. 

How is Non-Personal Information Collected?

  • Cookies

ZeniMax and its third party service providers may use cookies, beacons, scripts, e-tags, and other technologies to improve the use of our websites, products and services. A "cookie" is a small file or record-keeping device that websites often store on a user's computer, mobile device or other device.  Storage of cookies provides an easy and convenient method for a personalized experience. For example, cookies allow you to log in, allow us to remember your screen name, tell us that you have visited our website before, and may contain information that will make your next visit to our website more enjoyable.  You can disable or delete cookies or set your browser to alert you when cookies are being sent to your computer. 

We use both session ID cookies and persistent cookies.  We use session cookies to make it easier for you to navigate our website.  A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. We use persistent cookies to track aggregate information about user's activities in our games and on our websites.  For information about how to control cookies, consult the "Help" portion of your internet browser or visit www.allaboutcookies.org

  • Log Files

As is true of most websites, we gather information automatically, which is stored in the form of log files.  This information includes Internet Protocol (IP) addresses, browser type and language, and operating system, website activity, and includes how many "hits" a particular webpage is getting (a.k.a., "click-through data"). We may combine this automatically collected log information with other information we collect about you.  This information helps us to understand trends, view and analyze overall website activity, and evaluate and improve the website, including troubleshooting technical issues.

  • Clear Gifs (Web Beacons/Web Bugs)

We also work with third party advertising partners that employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our websites, products, and services by informing us what content is effective.  Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users.  In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on webpages and are about the size of a period at the end of this sentence.  They cannot be disabled through your browser's hard drive. 

We also use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients.  This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.  You may opt-out of future communications by following the unsubscribe instructions included in the promotional email.

  • Flash LSOs

We use local shared objects (LSOs), also known as Flash cookies, to store your preferences such as volume control or high game score, and to display content based upon what you view on our website to personalize your visit.  Third parties, with whom we partner to provide certain features on our website or to display advertising based upon your website browsing activity, use Flash cookies to collect and store information.  Our Privacy Notice does not apply to their collection and use of your information.

 

Flash cookies are different from browser cookies because of the amount and type of data, and how that data is stored.  Cookie management tools provided by your browser will not remove Flash cookies.  To learn how to manage privacy and storage settings for Flash cookies click here: 

http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html#117118.

 

  • HTML5

 

We use local storage, such as HTML5, to store content information and preferences. Third parties with whom we partner to provide certain features on our website or to display advertising based upon your web browsing activity also use HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5.

 

  • Demographic Evaluation (Analytics)

In some of our products and websites, ZeniMax may generate aggregate statistics about our user community through the use of Google Analytics, a web analytics service offered by Google Inc. ("Google") and Adobe Omniture (including Adobe Social), a web analytics service offered by Adobe Systems Inc. (“Adobe”), including their respective affiliates, which collect information when you use some of our online products and services and/or play our games on your PC.  In addition, we may collect information on your interaction with us on social media sites.  We may also use these services to collect and analyze publicly available information that users post about us on various social media sites. 

These analytics providers help ZeniMax evaluate whether a user’s experiences are consistent across the company’s websites and marketing campaigns, as well as within social networks. These tools and technologies use server log files, local stored objects (LSOs), web beacons, cookies, tracking pixels and other technologies to collect and analyze certain types of information including: IP addresses (including for the purpose of determining your approximate geographic location); browser type and language; referring and exiting pages and URLs; platform type; click information; information about your media; landing pages, pages viewed and the order of those pages, as well as the date and amount of time spent on pages within the websites; game state and the date and time of activity on our websites or games; and information about how you use our games, including game metrics and statistics, feature usage, and similar information.

We may also use certain mobile analytics tools to evaluate, monitor and improve the operation of our mobile applications and related services. These tools may record information such as device information, how often you use the application, the events that occur within the application, usage data, performance data, and where the application was downloaded from. We may link the information we store within the analytics software to other information we collect about you.

 

The third party analytics companies who collect information on our websites and mobile apps, and in the context of our online products and/or services may combine the information collected with other information they have independently collected from other websites and/or other online products and services relating to your activities across their network of websites as well as online and/or mobile products and services.  Many of these companies collect and use information under their own privacy policies and should you require further information, please consult these policies.

  • Anti-Cheat and Fraud Prevention Technologies

In an effort to provide a safe and fair gaming environment to players of its games, ZeniMax employs “anti-cheating” and fraud prevention software or applications during the use of certain online products and services to prevent fraudulent activities and behavior that may negatively affect the experiences of a player. In some of our products and websites, ZeniMax may generate aggregate statistics about our user community, including their respective affiliates, which collects information when you use some of our online products and services and/or play our games on your PC. 

ZeniMax, on its own and through third parties, may collect certain "device-identifying data" about your personal computer or mobile device, such as system information, IP address, screen resolution, device type, (e.g. PC, MAC), operating system (e.g. Windows, OS X, Linux), device time zone, MAC address, general geolocation information, and other system or network information to create a digital identifier of your device.  This information may be combined with similar information from our vendor(s) who assist us in conducting these activities. 

These third parties may maintain the information collected about your computer or mobile device as part of their services for other customers and we encourage you to review their privacy policies. 

  • Push Notifications

In some mobile products, ZeniMax may send push notifications from time-to-time in order to update you about the game, events, or promotions that we may be running.  If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.

Third Party and/or Social Features

We use social media features, such as the Facebook Like button, Widgets, and the Share button or interactive mini-programs that run on our website or within our services.  These features are either hosted by a third party or hosted directly on our website, and your interactions with these features are governed by the privacy policy of the company providing it.  Some of our products and/or services integrate third party features into our websites and services to allow you to access certain features or share certain content.  Other features may allow you to log in to our websites or services, including via sign-in services such as Open ID, or via certain third-party social networking accounts, including Facebook (the “Third Party Accounts”).  In order to login via a Third Party Account, you must agree to share certain information with us (including your user id and certain profile information) as stated on the permissions page when you login in with the Third Party Account.  You may also have the option to share other personal information with us, such as your name and email address.  The providers of these Third Party Accounts may also give you the option to post or share information or other content within our site and services, and they may also allow you to share information about your activities within our website or services to your profile page or with others within your network.   

From time to time we may allow you to tell-a-friend about our website and we will ask you for your friend’s name and email address.  By providing your friend’s name and email address, you confirm that you have obtained your friend’s consent to send such email.  At your direction, we will automatically send your friend a one-time email inviting him or her to visit the website.  ZeniMax does not store this information and uses it for the sole purpose of sending this one-time email and tracking the success of our referral program.

We may also run contests, sweepstakes or other events or activities (collectively, "events") on our Sites.  Information collected for these events may include personal information such as your email address and may be collected by or shared with a third party sponsor, co-sponsor, or other third party (e.g., marketing or promotional partner, contest administrator, software licensee, or game developer). While we have no control over the third party's use of such information, our contracts with these third parties require them to agree to protect the confidentiality, security, and integrity of any personal information we share with them (or that they collect through our Sites). If you do not want your information to be collected by or shared with a third party, you can choose not to participate in these events at the time the information is collected.

Third Party Advertising

We partner with a third party ad network to either display advertising on our website or to manage our advertising on other websites.  Our ad network partners use cookies, web beacons and other tools to collect information about your activities on this and other websites, as well  as  your IP address and location information, to provide you targeted advertising based upon your interests and to evaluate the success of their advertising. 

You may opt-out of receiving targeted ads from many third-party ad networks, including those operated by members of the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”).  For more information regarding this practice by NAI members and DAA members, and your choices regarding having this information used by participating companies, including how to opt-out of third-party ad networks operated by NAI and DAA members, please visit their respective websites: www.networkadvertising.org/optout_nonppii.asp (NAI) and www.aboutads.info/choices (DAA).  If you are in the European Union, go to www.youronlinechoices.eu for information about your choices with respect to third party advertising, including instructions on how to opt out of participating ad networks.  Please note that opting out of participating ad networks does not opt you out of being served advertising.  You will continue to receive generic or "contextual" ads. You may also continue to receive targeted ads on other websites, from companies that do not participate in the above programs.

On some of our websites, we may allow third-parties to serve ads.  When you view or click on an ad a cookie will be set to help better provide advertisements that may be of interest to you on this and other websites.   You may be able to opt-out of the use of this cookie by visiting that company’s privacy page.

What about Do-Not-Track?

Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed above (e.g., by disabling cookies), you may also opt out of certain third party ad networks as discussed above.

With whom does ZeniMax share my personal information?

ZeniMax may share your personal information with entities and vendors that use it solely to provide support for the internal operations of our websites, online stores (including payment processors), products (such as our games) and services (e.g., message board operations, and technical support processing), as well as related offline product support services. Our contracts with these service providers do not permit use of your information for their own marketing purposes.

ZeniMax may also share your personal information with our subsidiary or affiliate companies for purposes of internal marketing, analytics, research and demographic studies, which help us improve and tailor the products and services we provide you, and, if you have consented, to notify you about other products and services offered by ZeniMax and its affiliates.

We may also disclose personal information in the good faith belief that we are required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when we deem it necessary or appropriate to disclose personal information to law enforcement authorities, such as to investigate actual or suspected fraud or violations of law,  breaches of security, or breaches of this Privacy Notice; to respond to any claims; or, to protect the rights, property, or personal safety of ZeniMax, our customers, or the public.

In addition, information about our customers, including personal information, may be disclosed as part of any merger, sale, transfer of ZeniMax assets, acquisition, bankruptcy, or similar event.

We may also disclose your personal information to any other third parties, where you have consented with your prior consent. In addition, we may share aggregate or de-identified information with third parties for research, marketing, analytics and other purposes, provide such information does not identify a particular individual.

Can I choose how my personal information is used?

If you prefer not to receive marketing information from our websites, email notices from our message board operators, newsletters, or any other promotional communication from ZeniMax, please do not "opt-in" when you register or at the time you submit your information. If you've already opted-in, but you wish to stop any further promotional communications, just let us know by sending an email to: [email protected] or follow the unsubscribe instructions included in each promotional email.

Please note that, if you choose not to submit information when requested, you may not be able to participate in certain activities or access certain products or services on our websites and may considerably limit the services we can provide you. For example, if you refuse to provide your email address when registering, you will not be able to use our message boards.

We will send you service-related announcements on rare occasions when it is necessary to do so.  For instance, if our service is temporarily suspended for maintenance, we might send you an email.  Generally, you may not opt-out of these communications, which are not promotional in nature.  If you do not wish to receive them, you have the option to deactivate your account. 

Does ZeniMax collect personal information from children under 13?

Our products and services are not directed towards children under 13.  ZeniMax does not knowingly request or collect personal information such as name, address, or email address from children younger than 13 years of age. We ask all users who wish to register online for a particular service (e.g., product, forum, or technical support registration) to submit their date of birth. Those visitors that indicate they are under 13 are not allowed to register online.

We recognize the importance of safeguarding the privacy of children and encourage parents to check and monitor their children's use of online activities regularly.

What safeguards does ZeniMax use to protect my personal information?

The security of your information is important to us. While ZeniMax takes reasonable precautions against possible breaches of our websites and customer databases, no website or Internet transmission is completely secure.  Consequently, ZeniMax cannot and does not guarantee that unauthorized access, hacking, data loss, or other breaches will never occur.  ZeniMax urges you to take steps to keep your personal information safe by memorizing your password or keeping it in a safe place (separate from your account information, logging out of your user account, and closing your web browser).

ZeniMax maintains safeguards to protect the security, integrity and privacy of the personal information we collect. Personal information collected by ZeniMax is stored in secure operating environments that are not available to the public and is only accessible by authorized employees.

For any purchases that you may make on or through our websites, we may utilize third-party service providers, such as payment processors, to collect, process and store your payment information, including your credit card information.   Whenever you enter sensitive information (such as a credit card payment information), that information is collected only on secured (https) webpages and is encrypted during transmission using secure socket layer technology (SSL). 

We also have security measures in place to protect against the loss, misuse and alteration of the information under our control (i.e., maintain data quality). Before we allow website users to access their personal information, for example, we verify their identity by prompting them to submit information such as their login name and password.

We will retain your information for as long as permitted for legitimate business purposes. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at [email protected].  We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, maintain appropriate business records, and enforce our agreements.

What is ZeniMax's policy regarding links to third party websites?

Our websites may contain links to third party sites that are not owned or controlled by ZeniMax. We are not responsible for the collection and use of your information by these third party sites.  Because we cannot guarantee that the privacy policies of these websites meet our high standards and the requirements of TRUSTe, we recommend that you read the Privacy Notice of the website to which you link before you submit any personal information.

Public Information Including User Generated Content, Online Forums, Blogsnd Profiles.

You may choose to disclose information about yourself in the course of contributing user generated content to ZeniMax websites or games, or in online chat rooms, blogs, message boards, user “profiles” for public view or in similar forums on ZeniMax websites.  Information that you disclose in any of these forums is unencrypted public information, and may be accessed or recorded by ZeniMax employees or users, or members of the public.  In addition, when you enter certain public areas of our services or games (e.g., lobbies),  your username and other public profile information may be viewable by others.  You should have no expectation of privacy or confidentiality as to any information you post or display in our forums or games, or in your profile, or that you otherwise make available on our or through our websites and services.

You should be aware that any personally identifiable information that you submit in the course of these public activities can be read, collected, or used by other users of these services, and could be used to send you unsolicited messages.  We are not responsible for the personally identifiable information you choose to make public in any of these forums.

How can I access my personal information?

If you have registered for a game-specific bulletin board on our website and wish to update your profile, you may do so online by visiting the "profile" section found at each game forum on our websites. You may be required to submit your login name and password before you can access your profile information.

If you wish to review, update, or delete any personal information that we may have collected about you, please send an email to our Privacy Coordinator by email at [email protected], or by regular mail at ZeniMax Media Inc., 1370 Piccard Drive, Suite 120, Rockville, MD 20850 USA. We will respond to all access requests within 30 days.

California residents with an established business relationship with ZeniMax may choose to opt out of ZeniMax disclosure of personal information to third parties for direct marketing purposes.  As detailed above and absent your approval, our policy is not to disclose personal information collected online to a third party for direct marketing purposes.  If you are a California resident, you may request a list of the third parties to which we have disclosed personally identifiable information about you for their own direct marketing purposes.   You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at via email at [email protected], by phone at (301) 963-2000, or by regular mail at: Privacy Coordinator, ZeniMax Media Inc., 1370 Piccard Drive, Suite 120, Rockville, MD 20850 USA. Please allow up to thirty (30) days for a response.   

How do I ask a question or file a complaint?

ZeniMax Media Inc. is the data controller of the personal data processed in connection with our websites.

If you have any questions, complaints or comments regarding our Privacy Notice or practices, please contact us via email at [email protected], by phone at (301) 963-2000, or by regular mail at:

Privacy Coordinator
ZeniMax Media Inc.
1370 Piccard Drive, Suite 120
Rockville, MD 20850
USA

You may also contact TRUSTe here.

 

By using this website, you signify your acceptance and acknowledgement of the ZeniMax Online Privacy Notice. If you do not agree to this Privacy Notice, please do not use this website. We reserve the right to make changes to this Privacy Notice. If we make a material change to this Privacy Notice, we will notify you by posting the change on this website and in this Privacy Notice and, if necessary, give you additional choices regarding such change prior to the material change becoming effective. All non-material changes to the Privacy Notice will be effective when posted.  Please check back from time to time to ensure that you are aware of these changes. Your continued use of this website will signify your acceptance of, and agreement to be bound by, these changes.


Updated June 14, 2015