Updated October 3, 2017
ZENIMAX MEDIA ONLINE PRIVACY NOTICE
ZeniMax Media Inc. and its divisions and subsidiaries (collectively, “ZeniMax,” “we” or “us”) 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.
This Privacy Notice and the ESRB certification seals shown on our Properties confirm that ZeniMax is a valid licensee, and participating member, of the Entertainment Software Rating Board's Privacy Certified Program (“ESRB Privacy Certified”). To protect your privacy, we have voluntarily undertaken this privacy initiative, and all of our Properties where this Privacy Notice is posted have been reviewed and certified by ESRB Privacy Certified to meet established online information collection, use and disclosure practices. As a licensee of this privacy program, we are subject to frequent audits of our Properties and other enforcement and accountability mechanisms administered independently by ESRB Privacy Certified.
ZeniMax collects information about you, including personal information, directly, automatically and through third parties. For some activities, we combine personal information and other information, such as usage and demographic information. 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, better target users, or to improve its products, services, or systems.
Depending on the ZeniMax website or product that you are using, certain of the activities described below may not be available; as such, the personal and other information (e.g., usage or demographic information) we collect varies depending on the website, product or service you are using. 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 the types of information we generally collect.
Personal Information. Generally, personal information is information that identifies you or that can be used to contact you online or offline. As noted, the information that ZeniMax collects from you varies depending upon the product, service, or system. This information 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)
Usage and Demographic Information. We may also collect other information such as demographic information (age, gender, occupation), username, user ID or persona, nickname, language, 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. We may combine this information with the other information we have collected about you.
Third Party Accounts. We also may allow you to log in to our websites or services through certain third party accounts, including via sign-in services such as Open ID, or through your social networking accounts, including Facebook (each a “Third Party Account”). 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. These third parties’ information collection and sharing practices are subject to their own privacy policies.
Guest Players. Some of our games may allow you to play without creating an account and/or registering with us. In such cases, we may assign you a guest user ID so that we can keep track of your game play, scores, stats, purchasing data and usage data for your current and future sessions. If you later decide to register or create an account with us, we may associate your guest ID and the data from your guest session(s) with your account.
Generally, we may or our service providers may use the information we collect to provide our services to you; improve and develop our products and services; generate aggregate statistics about our user community; personalize your experiences (e.g., for your geographic area); improve your gameplay experience; send or display targeted marketing; facilitate software updates; provide tailored customer services and support; assist in security and fraud prevention; for system integrity (preventing hacking, cheats, spamming, etc.); to facilitate our business operations and maintain appropriate business records; for billing and payment purposes to enforce this Privacy Notice, our terms or our legal rights in accordance with national law; in response to legal process (e.g., a court order, warrant or subpoena); or as otherwise required by law.
- 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, visit http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.
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.
In some of our products and websites, as well as on our mobile applications, ZeniMax may generate usage, activity, and game-related statistics and other information about our user community through the use of internal, as well as third party analytics tools; some of these tools may allow us to collect and aggregate user analytics across multiple channels, including web, email and mobile. For example, we may use Google Analytics and Google Analytics360, offered by Google Inc. (“Google”)’ Oracle analytics services, Hootsuite analytics services”) Swrve for mobile analytics, which collect information when you use some of our online products and services and/or play our games on your PC. We also use other providers, and may add or amend the providers we work with at any time. We also may use third party tools to collect information regarding your interaction with us on social media sites, as well as publicly available information on social media sites that users post about us and our games and other products and services.
The third party analytics companies we work with 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. Their collection and use of information is subject to their own privacy policies.
- Anti-Cheat and Fraud Prevention Technologies
In an effort to provide a safe and fair gaming environment to players of its games, and to protect against payment fraud, 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, some of which may be operated by third party providers.
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 other information from our providers who assist us in conducting these activities.
The third parties we work with for fraud prevention may maintain the device information collected about your computer or mobile device as part of their services for other customers.
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.
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.
You also may also get more information about targeted advertising, as well as opt-out of receiving targeted ads from many third-party ad networks (including Facebook and Google), through the following:
For U.S. Users:
- www.networkadvertising.org/optout_nonppii.asp (Network Advertising Initiative)
- www.aboutads.info/choices (Digital Advertising Alliance)
For users in the European Union:
- www.youronlinechoices.eu (European Interactive Digital Advertising Alliance)
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 on our website. You may also continue to receive targeted ads on other websites, from companies that do not participate in the above programs.
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.
ZeniMax may share information about you , including personal information, with entities and vendors that use it 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.
We may also disclose information about you , including 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 information about you , including personal information to any other third parties, where you have consented or requested that we do so. If you win a contest or sweepstakes, we may disclose the names of winners.
Notwithstanding anything else in this Policy, 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.
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.
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. If we discover that we have collected personal information from a child under 13, we will take steps to promptly delete such information.
The security of your information is important to us. ZeniMax takes reasonable precautions against possible breaches of our websites and customer databases. However, no website or Internet transmission is completely secure. Thus, ZeniMax cannot and does not guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your personal information safe, such as choosing strong password and keeping it private, as well as logging out of your user account, and closing your web browser when finished playing or using the services.
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.
ZeniMax has operations, entities and service providers in the United States and throughout the world. As such, we and our service providers may transfer your personal information to, or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. By using our Services, you agree to such transfers. We will take steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it.
Users in the European Economic Area. Your personal data may be transferred to and processed in countries outside of the European Economic Area. ZeniMax has certified its adherence to the U.S. – Switzerland Safe Harbor framework, between the U.S. Department of Commerce and the Federal Data Protection and Information Commissioner of Switzerland. PLEASE NOTE: On October 6, 2015, the European Court of Justice issued a judgment that effectively declared the US-EU Safe Harbor framework “invalid.” To learn more about the Swiss Safe Harbor program, and to view our certification, visit https://safeharbor.export.gov/swisslist.aspx. While ZeniMax continues to adhere to the EU and Swiss Safe Harbor principles of notice, choice, onward transfer, security, data integrity, access and enforcement, it will also rely on alternative measures, such as the EU standard contractual clauses, for the transfer of EU and Swiss personal data outside the EU and Switzerland.
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, we recommend that you read the Privacy Notice of the website to which you link before you submit any personal information.
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.
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.
As detailed above and absent your approval, our policy is not to disclose personal information collected online to a third party for their own direct marketing purposes; though, as noted above, we may share certain information with third parties who assist us in better targeting our users on third party websites and services.
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.
ZeniMax Media Inc. (contact information below) is the data controller of the personal data processed in connection with our websites, products and services.
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:
ZeniMax Media Inc.
1370 Piccard Drive, Suite 120
Rockville, MD 20850
As previously mentioned, we are a licensee of ESRB’s Privacy Certified Program. If you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact ESRB Privacy Certified at http://www.esrb.org/privacy/contact.aspx, or:
Attn: VP, Privacy Certified Program
420 Lexington Avenue, Suite 2024
New York, NY 10170
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, our products or services will signify your acceptance of, and agreement to be bound by, these changes.