THE FASTMIND, LLC APENSAR MOBILE APPLICATION PRIVACY POLICY

 

THE FASTMIND. LLC (“THE FASTMIND”, “we” or “us”) has created a computer game mobile application commonly known as “Apensar” (the “App”) that can be downloaded by users at websites operated by Google, Apple, Amazon, and other mobile application distributors (the “App Stores”). The terms “You” and “Your” refers to the users of App, or their parents or legal guardians if the user is a minor under the age of eighteen (18) years. At THE FASTMIND’s discretion, You may also be invited to create an THE FASTMIND Account, or required to create such an Account as a further condition of Your continued use of the App. This serves as THE FASTMIND’s Privacy Policy for the App and Your THE FASTMIND Account, if any.

 

THE FASTMIND makes the App available to those individuals (“Users”) who desire to play the Apensar computer game accessible through the App, communicate with us through the App or any THE FASTMIND Account about their experiences in playing the Apensar game, request THE FASTMIND products and services that are accessible to Users through the App or any THE FASTMIND Account, and receive newsletters or other information about the App or other THE FASTMIND computer games, products and services (the “THE FASTMIND Content”), subject to this Privacy Policy (the “Policy”). This Policy explains what information THE FASTMIND collects about its Users, how THE FASTMIND uses and/or shares this information, and how such information is maintained. By accessing and downloading the App or creating any THE FASTMIND Account, You accept the terms of this Policy. Note that this Policy applies only to the information collected by THE FASTMIND through the App or any THE FASTMIND Account, and not any information collected or obtained through other methods or sources.

 

Collection of Personally Identifiable Information

 

THE FASTMIND collects Users’ personally-identifiable information (“PII”) that is volunteered by Users through the App, sent directly to THE FASTMIND when you play, or when You register and create any THE FASTMIND Account. Examples of PII that may be requested and/or collected include: first and last name, address, email address, telephone number, facsimile number, contact preferences, credit card information to process Your purchase of Virtual Money or Virtual Goods as provided in the THE FASTMIND Apensar Terms of Use Agreement, and THE FASTMIND Content that the User is interested in receiving from THE FASTMIND, or for which the User has subscribed. From time to time, THE FASTMIND may also present opportunities for Users to voluntarily provide additional information about themselves.
Use and Sharing of PII

 

THE FASTMIND will use User PII: for the specific purpose for which such information was provided; for example to provide the User with information about THE FASTMIND products or services or the THE FASTMIND Content that the User has requested, to respond to Users’ questions or comments about the App, or to compile information in response to THE FASTMIND User surveys. THE FASTMIND may also use User PII for internal management purposes and to improve User experience with the App or other THE FASTMIND products and services. Other than the uses set forth in this Privacy Policy, THE FASTMIND does not share User PII with any third party. Please note, however, that THE FASTMIND may change this Policy at any time (See “Changes to this Policy,” below), and that THE FASTMIND may in the future use User PII for additional purposes not currently included in this Policy.

 

User PII collected by THE FASTMIND may be added to THE FASTMIND’s databases and shared with THE FASTMIND’s strategic partners for marketing purposes. By using the App, You agree that you may be contacted in any manner contemplated in this Policy even if Your contact information is included on a “Do Not Call” registry, in-house list or other similar registry.

 

THE FASTMIND may also disclose User PII in order to: (1) comply with applicable laws (including, without limitation, the CAN-SPAM Act); (2) respond to governmental inquiries; (3) comply with valid legal process; (4) protect the rights or property of THE FASTMIND, including without limitation, filing copyright applications with the Library of Congress, Copyright Office, or (5) protect the health and personal safety of any individual. If you do not wish us to share your PII with our marketing partners, or other third parties for marketing purposes, please submit your request in writing to:

 

THE FASTMIND, LLC

ATTN: Privacy Policy Manager

1200 South Pine Island Road

Plantation, Florida 33324

[help@thefastmind.com]

[954-306-3334]

 

Interaction with third party social networks or platforms

 

You may access the App or any THE FASTMIND Account through a third party social network or platform, which will provide data about You to us. These applications or websites are created and maintained by a third party that is not a part of, or controlled by THE FASTMIND. You should ensure that You read and understand their terms of service and privacy policies to determine how they treat Your data, including Your PII, and what data they might share with THE FASTMIND.

 

You understand that when You allow Your THE FASTMIND Account, if any, or the App to interact with any third party social network or platform, THE FASTMIND may share data about You with Your contacts (and vice versa) in order that You may enjoy playing Apensar socially. This data includes Your name, Your social media profile picture and Your scores and/or progress in the Apensar game.

 

You can make changes to what data a third party social network or platform shares with THE FASTMIND, or stop THE FASTMIND from interacting with that social network or platform by adjusting Your settings with that third party provider; however, You may find You are not able to enjoy all of the same features of the App or Your THE FASTMIND Account, if any.

 

Non-Personally Identifiable Information
THE FASTMIND also collects certain non-personally identifiable information, including the non-personally identifiable information more fully described below.

 

Cookies. THE FASTMIND may use “cookies” on the App or on any THE FASTMIND Account. Cookies are small pieces of information that THE FASTMIND’s server places on an individual’s computer hard drive to enable the individual to more easily communicate and interact with the App. For example, THE FASTMIND may place a cookie on a User’s computer when he/she initially downloads the App or creates an THE FASTMIND Account. The next time that User visits the App or their THE FASTMIND Account, if any, THE FASTMIND’s server will recognize the cookie (and the User) and allow the User to perform certain actions immediately without signing in.

 

While some Web browsers allow a User to automatically reject all cookies or be notified when a cookie is about to be placed on the User’s computer, disabling this feature may compromise the efficiency and added services that cookies provide.

 

IP Address. THE FASTMIND collects your IP (Internet Protocol) address to help diagnose problems with its server, and to administer the App, any THE FASTMIND Account, and THE FASTMIND’s email messages to App Users. An IP address is a number that is assigned to your computer when you use the Internet. Your IP address is also used to help identify you during a particular session and to gather broad demographic data.

 

Although the information collected through the foregoing methods does not itself contain any PII, THE FASTMIND may analyze and match such information with other information that you provide (including PII) as well as information that THE FASTMIND may obtain elsewhere, and THE FASTMIND may share all or some of such information with actual or prospective distributors, dealers, or other third parties.

 

THE FASTMIND may also disclose non-PII in order to (1) comply with applicable laws, (2) respond to governmental inquiries, or (3) comply with valid legal process, or (4) protect the rights or property of THE FASTMIND or Users of the App.

 

Opt-Out of THE FASTMIND email information

 

THE FASTMIND may send Users who download the App or create THE FASTMIND Accounts e-newsletters about THE FASTMIND’s products or services. Users may, at any time choose to discontinue receiving e-newsletters from THE FASTMIND about one or more of THE FASTMIND’s products or services by following the “unsubscribe” instructions in the applicable email transmitting the e-newsletter. Notwithstanding the foregoing, THE FASTMIND may continue to contact Users for the purpose of communicating information about the App, their THE FASTMIND Account, if any, or THE FASTMIND Content, to which the User has subscribed, as well as to facilitate, complete or confirm THE FASTMIND’s response to Users’ inquiries or requests.

 

Access to Your User Information

 

If You want to review, correct or change your User information, please contact the THE FASTMIND Privacy Manager at the address listed above.

 

Location-Based Services

 

In some cases THE FASTMIND may collect and store information about where You are located, such as by converting Your IP address into a rough geolocation. THE FASTMIND may use location information to improve and personalize Your experience with the App and Your use of Your THE FASTMIND Account, if any.

 

International Users

 

Information You provide to THE FASTMIND may be transferred or accessed by entities around the world as described in this Privacy Policy. If You are located outside the United States and choose to provide Your PII to THE FASTMIND, THE FASTMIND may transfer your PII to the United States and process it there. Your submission of any PII to THE FASTMIND during Your downloading or use of the App or Your creation of any THE FASTMIND Account represents Your consent to that transfer.

 

Third Party Services

 

The App or any THE FASTMIND Account may contain links to the websites of other providers of products and services. When you click on the THE FASTMIND app of such entity, You will leave the App or any THE FASTMIND Account and be connected to the website or other application of such entities. THE FASTMIND does not have any control over the information handling practices of these other entities, and is not responsible for any failure of such entities to adhere to this Policy. You should familiarize Yourself with the privacy policies of such other entities before You share any PII with them.

 

Service Providers

 

THE FASTMIND shares User PII with companies who provide technology services to THE FASTMIND necessary to provide the functionality of the App and support use of any THE FASTMIND Account, such as website hosting, information processing, extending credit, fulfilling User orders, delivering products and services to You, managing and enhancing THE FASTMIND Content, providing User service, assessing Your interest in our products and services, and conducting User research or satisfaction surveys.

 

Links from Email

 

THE FASTMIND email communications with You may provide links to the websites or other applications of third parties providing products and services that may be of interest to You. If You link to any of these third party websites or applications, this Policy will not apply to Your use of, and activities on, those websites or applications. We encourage You to read the legal notices posted on these other websites or applications, including their privacy policies. THE FASTMIND does not have any responsibility or liability for Your visitation to, and the data collection and use policies and practices of, the operators of these other websites or applications.

 

Note Concerning Individuals 13 Years of Age And Younger

 

The App, THE FASTMIND emails and the content available in connection therewith, are neither intended for, nor directed to, children under the age of 13. You must be at least 13 years old to download and use the App and to provide your PII to THE FASTMIND. Furthermore, if You are under the age of 18 You represent and warrant that Your parent or guardian has consented to Your use of the App, and the creation of any THE FASTMIND Account, including Your providing Your PII to THE FASTMIND subject to this Privacy Policy. If THE FASTMIND learns that a User is a person under the age of 13, THE FASTMIND will promptly terminate that individual’s access to the App, deactivate any THE FASTMIND Account created by that person, and delete the individual’s PII from THE FASTMIND’s records. THE FASTMIND will NOT knowingly distribute such information about any person under the age of 13 to any third parties.

 

Protection of User PII

 

THE FASTMIND takes commercially reasonable precautions, including administrative, technical, and physical measures, to safeguard User PII against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. While THE FASTMIND takes these precautions, THE FASTMIND may be unable to prevent unauthorized access to such information by third parties or inadvertent disclosure of such information. Users acknowledge this risk when communicating with THE FASTMIND. Furthermore, if You use the App or any THE FASTMIND Account to post on a chat room, or social networking service, the PII You share is visible to other users and can be read, collected, or used by them. You are responsible for the PII You choose to submit in these instances. For example, if You list your name and email address in a forum posting, that information is public. Please take care when using these features.

 

Integrity and Retention of PII

 

THE FASTMIND will retain Your PII for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

 

Consent to Processing

 

By providing PII and other information to THE FASTMIND, Users of the App fully understand and unambiguously consent to the collection and processing of such information in, and the transfer of such information to, the United States and other countries or territories, in accordance with the terms of this Policy.

 

Transfer in Certain Circumstances

 

In its sole discretion, THE FASTMIND may transfer, sell or assign information collected on or about Users of the App, including without limitation, PII and other User provided information, to one or more third parties, as a result of the sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of THE FASTMIND.

 

Changes to This Policy

 

THE FASTMIND may, from time to time, amend this Policy, in whole or part, in its sole discretion. Any changes to this Policy will be effective immediately upon the posting of the revised Policy, or a link thereto, on the App, on Your THE FASTMIND Account, if any, or by a separate email communication. By continuing to use the App following any changes, You will be deemed to have agreed to such changes.

 

Contact THE FASTMIND, LLC at: help@thefastmind.com

 

You may contact THE FASTMIND’s Privacy Manager and telephone number and the mailing and email address set forth above if You have any questions or concerns about this Privacy Policy.