TRUSTe European Safe Harbor certification
GameFly complies with the U.S. – E.U. Safe Harbor framework and the U.S. - Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from individuals located in European Union member countries and Switzerland. GameFly 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 GameFly's certification, please visit http://www.export.gov/safeharbor/.
Use of information that you provide to us
Typically, we ask you to submit personal, financial and/or demographic information if you decide to:
* To simply browse our Website or applications, you are not required to provide any personal information. However, if you choose not to submit personal information when requested to do so, you may not be able to access some or all of the services that we provide.
GameFly Account Registration
To create a GameFly account, we ask you for certain personally identifiable information, which may include your full name, email address, postal address, telephone number, and billing information (such as a credit card number). We may also ask you to create a password and to provide other information such as your gender, game and platform preferences (e.g., about the games and hardware you own), hobbies and interests, and other information (including "demographic information") as part of your user profile - we may link this demographic information to your personal information.
When you download and use our Services, we automatically collect information on the type of device you use, operating system version, and device identifier (or "UDID").
* If you want to be excluded from receiving promotional email communications, you may unsubscribe via the opt-out link embedded in the communication or by logging in to My Account and updating your Email Subscription preferences.
GameFly App Usage
When using GameFly social features (including user reviews, following users, and status updates), we may ask for certain personally identifiable information, including your full name, email address, user name, password and birthday. We ask you to provide other information as part of your "bio" or "profile," such as your gender, location (city and state only), and social network URLs and to create a user picture/avatar to display to others on the App. We may also collect your unique device identifier and your telephone number and location if you have activated the GPS function on your mobile device. We use this for display purposes. You may opt-out of having your location information used by us at any time by turning it off at the device level. The foregoing information is used to identify you to us and other users as a GameFly App user and to allow you to access the functionality provided on the App, such as posting messages and receiving App updates (e.g., when another App user responds to one of your posts, etc.). Note that you can link the information contained in your GameFly and App accounts.
* You can use the GameFly App without providing all of the requested information above. The information you do provide may be visible by other App users as part of your profile, but you have the ability to control whether your full name, age and/or gender are displayed - the default settings for these are all set to "Off."
Non-Personally Identifiable Information
When your computer or mobile device contacts our web servers (for example, when you visit or use the Services, scan a Microsoft Tag or QR code, or view an HTML email), our web servers automatically collect usage information. Such usage information includes information about how our visitors use and navigate the Services. It can include the number and frequency of visitors to the Services and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting our website or using the Services, and IP addresses (see below for more information on IP addresses). We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, email, advertising or promotional announcement or similar service. This information is used to analyze and improve the Services, and to provide you with a more fulfilling and relevant experience.
When you use the GameFly Referrals Program (or the "Referral Program"), we may ask you to provide your and your friends' first names and email addresses. This information is used to email them a one-time promotional communication offering a free GameFly trial membership or discount pre-paid membership, and the opportunity to make further referrals to their friends. If opted in, you and/or your friends may receive additional communications from us or our vendors in relation to the Referral Program and your and/or your friends' participation in it. The data collected through the Referral Program is used only for the operation and ongoing maintenance of the Referral Program and will not be used for any other purpose or distributed to any third parties other than those GameFly vendors retained to operate and maintain the Referral Program.
* You and your friends may opt-out of participation in the Referral Program at any time via the opt-out links in the communications sent to you and your friends, or by sending an email to us at [email protected].
GameFly Mobile Alerts
* By signing up for Mobile Alerts, you agree to pay any fees or costs required by your mobile device provider. You may choose to stop receiving Mobile Alerts via the unsubscribe option in each Mobile Alert sent to you or by logging in to My Account and updating your Mobile Alerts preferences.
"Contact Us" Form
If you choose to contact us via our online form, we ask you to provide your first name, email address, and a description of your question or comment. This form is intended for questions and comments only. We use the information you provide solely to respond to your inquiry and for no other purpose. We may retain and aggregate your comments for demographic purposes and to improve our services.
Sharing Pages With Friends
Use of information collected through technology
The Services set browser "cookies" on your computer or other device. Cookies are alphanumeric identifiers that are transferred to your computer's or mobile device’s hard drive or storage through your Web browser when you visit or use the Services. If cookies are disabled on your Web browser, you will not be able to use many of the functions of the Services. The "Help" menu on most Web browsers will tell you how to enable or disable cookies.
Please note that information contained in a cookie may be linked to your personally identifiable information via an account ID. Cookies allow us to provide enhanced functionality on the Services, such as:
Flash Cookies & HTML5
Some of the Services may require the use of the Adobe Flash Player. Adobe’s Flash Player is used by many websites that offer video and other interactive content. By default, your use of the Adobe Flash Player generates “flash cookies” (also known as “persistent identification elements” or “local shared objects”). Adobe provides a short disclosure about Flash Cookies in its End User License Agreement, stating “Use of the web players, specifically the Flash Player, will enable the Software to store certain user settings as a local shared object on our computer. These settings are not associated with you, but allow you to configure certain settings within the Flash Player.” The Adobe Flash Player (and similar applications) use flash cookies to remember user settings, preferences and usage similar to the browser cookies referenced above, but flash cookies can store more information than browser cookies and are managed through a different interface than the one provided by your Web browser. You can control the degree to which you accept flash cookies by accessing your Adobe Flash Player management tools directly through the settings manager for Adobe Flash, located at http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. If you do not allow flash cookies to take any space on your computer or device, you may not be able to take advantage of or participate in certain features of the Services. Users with a computer running the Windows operating system can view flash cookie files in this folder: \Documents and Settings\[username]\Application Data\Macromedia\Flash Player. Users with a computer running the Apple operating system can view flash cookie files in this folder: /users/[username]/Library/Preferences/macromedia/Flash Player. Flash cookies, or LSO files, are stored typically with an “.SOL” extension.
An IP address is a number that is assigned to your device or network when you are linked to the Internet. When you request pages from the Services, our servers log your IP address. We may use IP addresses for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of the Services. We may associate your IP address with the personally identifiable information you provide.
We also may collect and store information about you that we receive from other sources to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.
Clear GIFs (Web Beacons/Web Bugs)
Our third party advertising partner employs a software technology called clear GIFs (a.k.a. Web Beacons/Web Bugs), that help us better manage content in our 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 Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear GIFs to our customers' personally identifiable information.
We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We may collect age, gender, geolocation, user ID, user profile photo, UDID, username, and IMEI to optimize content and advertising and to measure usage and engagement.
Disclosure and sharing of information
Disclosure and sharing of information
We will not sell your information to third parties. We may share your information with third parties as outlined below.
Third Party Service Providers
We work with third party companies, agents, and contractors ("Vendors") to perform some important tasks, such as processing credit card transactions, fulfilling and delivering your orders, operating and maintaining our Referral Program, delivering Mobile Alerts, and marketing/advertising programs. We require that our Vendors maintain the confidentiality of any information about our members that may be disclosed to them and to use such information solely for the purpose of providing the contracted-for services on GameFly's behalf.
Online Advertising Practices
You recognize and agree that the advertising companies who deliver ads for GameFly may combine the information collected with other information they have independently collected from other services or products. These companies collect and use information under their own privacy policies. These ad serving technologies may be integrated into the Services.
The third party ads appearing on the App are delivered to you by AdMarvel (or a similar third party vendor). AdMarvel serves ads it believes may be of interest to you. For more information about Ad Marvel and the privacy policies that govern its advertising practices please visit Ad Marvel's website.
Advertising GameFly Products & Services: After you visit or use the Services, our advertising partners may deliver GameFly ads to your Web browser when you are visiting other sites on the Internet. These ads are delivered based on cookies that are set by our third party advertising network partners when you visit or use the Services, and that are recognized by these companies when you visit other sites. Please see “Can I choose how my personal information is used?” below to learn more about setting your Web browser to block cookies.
Through the Services, you can connect with friends, display your game rentals and purchases; discuss games with the community of users, follow or be-followed-by other gamers; and engage in other aspects of social networking. As noted above, some of your personal information, such as your name, and other profile information, may be displayed publicly to other members of the Services. You can control the information that is publicly displayed to the Services community by managing your Privacy Settings in the Services; and you can control whether to publicly post a message or whether you have added/bought/kept a game.
Social Sign On
You can log in to our site using third party services like Facebook or Twitter. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. These services also give you the option to post information about your activities on this Website and to your social network in order to share with others within your network.
Our Website offers publicly accessible user-generated content. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at [email protected] In some cases, we may not be able to remove your personal information, in which case we will let you know that we are unable to do so and why.
Co-Sponsors and Promotional Partners
We may run or co-sponsor contests, special offers, or other events or activities ("Events") on the Services. Information collected for these Events may include personally identifiable information (e.g., name, mailing address, etc.) and may be collected by or shared with a third party sponsor, co-sponsor, or other third party (e.g., promotional partner, retailer, or game or magazine publisher). If you provide information to participate in such Events, we cannot control the third parties' use of your information. If you do not want your information to be collected by or shared with a third party, do not participate in these optional Events.
From time to time, we are approached by third party companies and organizations that provide game-related special offers or other offers that we believe may be of interest to you. To extend these offers to you, we may use your GameFly account information to send out promotional mailings to you on their behalf. If you select to sign up for the third party offer, we will share your GameFly account information with the third party offer provider. We see this as a value-added service helping you find useful products or services. We will not share your information with the third party offer provider unless you chose to take advantage of the third party offer. If you wish to opt-out from third party sharing you may do so by contacting us at [email protected]
Disclosure and/or Transfer of Personal Information
We may disclose any or all personal or non-personal information related to you to support an investigation or if we have a good faith belief that it is required by law, including but not limited to requests pursuant to subpoena or court order or similar legal process, and/or disclosure to local, state, or federal law enforcement, or other government officials pursuant to investigations they are conducting, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. In addition, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, any customer information in our possession may be transferred to our successor or assignee. You will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of your personal information in connection with such transfer, as well as any choices you may have regarding your personal information.
Can I choose how my personal information is used?
If you wish to view or update the personal information set forth in your account, such as your name, email address, password, billing address, credit card number, email subscription preferences, or other account information, log in to My Account. There is a link to My Account on most pages of the GameFly Website. Please note that you must log in with your email address and password before you can update any account information. If you believe that your account information contains errors, and you cannot correct those errors from the My Account page, please contact Customer Service. Our normal response time to your account questions is within 4 business days. Please be sure to include an email or phone number where you can be reached so we can promptly assist you.
We will retain your information (including geo-location data) for as long as your account is active or as needed to provide you services. 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, and enforce our agreements.
If you wish to opt out of receiving the GameFly newsletter, special offers, and/or promotional information, log in to My Account and change your Email Subscriptions; or, contact [email protected]. In addition, at the bottom of every GameFly communication sent to you, we provide you an unsubscribe or opt-out link to discontinue receiving future communications (i.e., unsubscribe).
If you wish to not disclose information to other Services users, log in to the Services to manage your Privacy settings and turn displays to "Off."
If you wish to opt out of having cookies set on your Web browser for purposes of online advertising, the only way to ensure that this happens is to manage the settings on your Web browser to delete all cookies and then disallow the further acceptance of cookies. Preventing your browser from accepting cookies prevents GameFly and our advertising partners from tracking you or your browsing behavior. However, it may also disable or interfere with features on the Services. We recommend that you leave cookies "turned on" so we can offer you a better experience using the Services. However, if you wish to prevent cookies from being accepted, most internet browsers allow you to do so. Your Web browser may also be able to alert you when a website or company is about to set a cookie on your browser for tracking and/or advertising purposes. For more information, please refer to your browser's technical information and visit http://www.aboutcookies.org, which is a helpful informational site on cookies.
What is the GameFly policy regarding children?
How does GameFly protect my personal information?
GameFly employs security technologies and procedures to protect the confidentiality, security, and integrity of the personal information collected from visitors and users of the Services. GameFly uses a secure server to encrypt all of your personal information. The secure server employs Secure Socket Layer (SSL) encryption, which is an industry standard method of encryption. We have also implemented reasonable security guidelines for our employees, partners, and vendors. We will continue to update and enhance our security practices as new technology becomes available.
While we take steps to ensure the security of your personal information, no data transmission can be guaranteed to be 100% secure. Therefore, please be aware that when you submit information to us, you do so at your own risk. To further protect your personal information, we ask that you play an important role as well. Take care to prevent unauthorized persons from learning any of your GameFly account information.
You are solely responsible for safeguarding your GameFly and GameFly App email logins and passwords. To prevent unauthorized use of your accounts, be sure to change your password often, and keep it in a safe place.
Notice to California Residents/Your California Privacy Rights
California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately preceding calendar year (e.g., responses to requests made in 2012 will contain information about 2011 sharing activities). California residents may request further information about our compliance with this law by sending a request to the address set forth in the Contact Us section below. You must include “California Privacy Rights” in the subject line, and your full name, email address, and postal address in your request. Please note that under California law, businesses are only required to respond to a customer request once during any calendar year, and we are not required to respond to requests made by means other than through this physical mailing address.
Attn: Vice President, Customer Service
P.O. Box 200533
Austin, Texas 78720
1-888-986-6400 - M - F, 12 p.m. - 4 p.m. CST
[email protected] - 7 days a week
Any personal information you provide to the above email or postal mail addresses will not be used to send you promotional materials, unless you request it.
If you have any questions, complaints or comments regarding our GameFly Referrals Program, please contact [email protected].
Last Updated: May 13, 2013.