Originally
Effective: July 9, 2018
Updated January
23, 2024
This Privacy Policy describes how Quicksilver Software, Inc. collects, uses
and discloses information in connection with the use of our game applications,
including but not limited to Gem Rush and NMJL Online, and what choices you
(the “Customer”) have with respect
to the information.
Applicability Of This Privacy Policy
This Privacy Policy applies to Quicksilver’s Gem Rush and NMJL Online games (the
“Games”) and to other
games that may be released under the Quicksilver® and SymPlay™
labels, and to our Web presence (the “Web
Site”), together referred to as the “Services”. If you do not agree
with these terms, do not access or use the Services or any other aspect of Quicksilver’s
business.
Information We Collect and Receive
Quicksilver requires minimal personal information related to Customers of the
Games or the Web Site. For some products, such as Gem Rush, we do not require Customers
to provide us with contact information such as email addresses. NMJL Online
requires an email address to be used as the primary user identifier, so we do
require that in order for users to sign on and actually play games. We do not
currently require phone numbers, physical addresses or even real names from
Customers. Note that email addresses are needed in order to enable certain
forms of contact with Customers, such as password resets and account expiration
alerts; Customers who do not provide emails will have reduced functionality in such
situations.
The Web Site does not require or track any personal information.
We may obtain and retain certain information that is necessary for the
operation of the Games or the Web Site, such as chat logs, access logs and
error logs, but only for amounts of time required to ensure the proper and
efficient operation of our online systems. Logs may also record IP Addresses of
Customers, which we use for security purposes such as blocking of malicious
content. Such information is regularly purged as a part of the normal operation
of our systems.
Quicksilver may collect and receive Customer Data, Game Login Data and other
information and data (“Other
Information”) in a variety of ways:
- Customer
Data. Customers may submit email
addresses via optional data entry forms in the Games to enable us to
confirm your identity. Additionally, Customers may send optional requests
for contact via a form on our Web Site, which will request an email
address.
- Game
Login Data. Customers are required to log in
to the Games in order to play. For the Gem Rush game, this requires either
(a) a Steam ID and password, or (b) a unique user name and password. For
NMJL Online, this requires a unique user email address and password.
- For Gem Rush, The Steam ID is collected automatically
by the system upon launching the Games. The Steam ID is a numerical value
that does not, by itself, provide any information about the Customer’s
real-world identity. We use the Steam ID only to create a unique account
for each Customer, in order to be able to support online play.
- For NMJL Online, we obtain Customer email addresses
from our partner organization, which is solely responsible for providing
us with authorized Customer lists. Customers cannot create accounts
directly in the game or on the Web Site. First-time Customers will be
required to create a password when logging in to the NMJL Online game.
This password is unique to the game and is not shared outside of our
systems.
- In no case do we retain the Customer’s password in
clear text; it is always stored in an obfuscated form and then is used
only to verify the validity of the login credentials that were previously
entered by the Customer. For their own safety, we recommend that
Customers use unique usernames and passwords for the Games that are
different from the credentials that they use for other games, Web Sites
and Services, although we cannot require Customers to do so.
- In-Game
Communications. As part of
the normal operations of our game lobbies and games, we allow optional
direct communication between one or more Customers. We retain logs of such
activity for compliance monitoring and security purposes, but
only for amounts of time required to ensure the proper and efficient
operation of our online systems and to respond to lawful requests from law
enforcement or government agencies. Logs are regularly
purged as a part of the normal operation of our systems.
- Gameplay
Performance Data. For some
of the Games, we track winners and losers and certain game scoring data
such as winning or losing hands. Since each game normally includes more
than one other human player, these records in our user database will
indirectly connect multiple Customers and include data regarding their
in-game performance as well as times of actions. Such records use internal
User ID numbers as their primary keys; if the email associated with a
given User ID is deleted from our records, this will break the association
in our records between than ID and that email address even though the game
performance data continues to exist in the database.
- Other
Information. Quicksilver also collects,
generates and/or receives Other Information:
- Log
data. As with most websites and
technology services delivered over the Internet, our servers
automatically collect information when you access or use the Services
and record it in log files. This log data may include the Internet
Protocol (IP) address, the address of the web page visited before using the
Services, browser type and settings, the date and time the Services were
used, information about browser configuration and plugins, language
preferences and cookie data.
- Device
information. Quicksilver may collect
information about devices accessing the Services, including type of
device, what operating system is used, device settings, application IDs,
unique device identifiers and crash data. Whether we collect some or all
of this Other Information often depends on the type of device used and
its settings.
- Location
information. We do not collect location
information from you.
- Cookie Information. Quicksilver uses cookies and similar
technologies in our Web Site that help us provide a good user experience
while using the Games, but we do not use this information for purposes
other than ensuring efficient operation of the Games.
- Contact Information. In accordance with the consent
process provided by your device, any contact information that a Customer chooses to provide may be retained in order
to allow us to provide requested information.
- Additional Information Provided to Quicksilver. We
receive Other Information when submitted via the Services or if you
participate in a focus group, contest, activity or event, apply for a
job, request support, interact with our social media accounts or
otherwise communicate with Quicksilver via our Web site.
Generally, no one is under a statutory or contractual obligation to provide
any Customer Data or Other Information (collectively, “Information”). However, certain
Information is collected automatically and, if some Information is not
provided, we may be unable to provide the full range of services available in the
Games. For example, if no email address is provided, we will not be able to
reset your password, and you may not be able to log in to certain Games.
Information We Do Not Collect
The Games and Web Site do not collect the following types of Customer information:
- Financial Information (including but not limited to
payment, credit, salary and other similar data)
- Health and
Fitness Data
- Location Data
(i.e., latitude and longitude)
- Contacts from
your personal Contact List
- Browsing History
and Search History
- Purchase History
How We Use Information
Customer Data and Game Login Data will be used by Quicksilver in accordance
with Customer’s instructions, including any applicable terms in the Customer
license agreement for the Games, and as required by applicable law. Quicksilver
is a processor of Customer Data and Customer is the controller.
Quicksilver uses Game Login Data and Gameplay Performance
Data in furtherance of our legitimate interests in operating the
Games. More specifically, Quicksilver uses Game Login
Data:
- To allow users to play the Games. In order for us to be able to record game activity
and enable online play, we must maintain unique accounts for each
Customer. Such accounts maintain only enough information to perform such
functions. Game Login Data is used only to create and maintain such
Customer accounts and, if an email address is provided, to enable
resetting of the user’s password.
- To
allow users to see the results of their actions within the Games. In some Games, we allow users to see who won and lost
games, and to see cumulative scoring data. Additionally, our support staff
may have ongoing access to gameplay records, which is used to analyze
system performance and also to design new gameplay features.
- To
display player rankings. In
some games, we may retain player ranks or handicaps in order to enable
players to evaluate potential game opponents based, for example, on skill
level or experience. These may be displayed in “leaderboards” or other
ranking reports. Customer Data such as email addresses or real names will
not be displayed in any such leaderboards or ranking reports.
- As
required by applicable law, legal process or regulation.
- To
investigate and help prevent security issues and abuse.
Quicksilver uses In-Game Communications Data to provide the ability for
Customers to organize games together, ask and answer questions, and discuss
game strategies. In general, we do not monitor or censor such communications,
and Customers should be aware that some such communications may contain content
that is offensive or inappropriate for some Customers. Any such content is the responsibility
of the Customer sending it; Quicksilver is not liable for any In-Game
Communications Data.
Quicksilver uses Other Information in furtherance of our legitimate
interests in operating our Services, Web sites, Games and business. More
specifically, Quicksilver uses Other Information:
- To
provide, update, maintain and protect our Web Site and business. This includes use of In-Game Communications Data, Game
Performance Data and Other Information to support delivery of the Services
under a Customer Agreement, prevent or address service errors, security or
technical issues, analyze and monitor usage, trends and other activities
or at a Customer’s request.
- As
required by applicable law, legal process or regulation.
- To
communicate with you by responding to your requests, comments and
questions. If you contact us, we may use
your Other Information to respond.
- To
send emails and other communications, if an email address was provided to
us. We may send you service,
technical and other administrative emails, messages and other types of
communications. We may also contact you to inform you about changes in our
offerings, and important Web Site-related notices, such as security and
fraud notices. These communications are considered part of the Services and
you may not opt out of them.
- To
investigate and help prevent security issues and abuse.
If Information is aggregated or de-identified so it is no longer reasonably
associated with an identified or identifiable natural person, Quicksilver may
use it for any business purpose. To the extent Information is associated with
an identified or identifiable natural person and is protected as personal data
under applicable data protection law, it is referred to in this Privacy Policy
as “Personal Data.”
Data Retention
Quicksilver will retain Customer Data in accordance with a Customer’s
instructions, including any applicable terms in the Customer Agreement and
Customer’s use of Game and Web Site functionality, and as required by
applicable law. The deletion of Customer Data and other use of the Games by
Customer may result in the deletion and/or de-identification of certain
associated Other Information. Quicksilver may retain Other Information
pertaining to you for as long as necessary for the purposes described in this
Privacy Policy. This may include keeping your Other Information after you have
deactivated your account for the period of time needed for Quicksilver to
pursue legitimate business interests, conduct audits, comply with (and
demonstrate compliance with) legal obligations, resolve disputes and enforce
our agreements. Under typical circumstances, such information will be kept for
no more than one calendar year.
To request deletion of your Customer Data, please email deletions_qsi@quicksilver.com
or visit our Web site Deletion Request page at https://www.quicksilver.com/deletion_form.html.
How We Share and Disclose Information
This section describes how Quicksilver may share and disclose Information.
Customers determine their own policies and practices for the sharing and
disclosure of Information, and Quicksilver does not control how they or any
other third parties choose to share or disclose Information. As used in the
following sections, the term “Information” includes Customer Data, Game
Login Data, Other Information, In-Game Communications Data and Gameplay
Performance Data, as defined above.
- Customer’s
Instructions. Quicksilver will solely share and
disclose Information in accordance with a Customer’s instructions,
including any applicable terms in the Customer Agreement and Customer’s
use of Game or Web Site functionality, and in compliance
with applicable law and legal process.
- Customer
Access. Administrators may be able to
access, modify or restrict access to Information. This may include, for
example, exporting logs of Game or Web Site activity,
In-Game Communications, or emails sent.
- Corporate
Affiliates. Quicksilver may share Information
with its corporate affiliates, parents and/or subsidiaries.
- To
Implement App Functionality. Quicksilver uses certain third-party tools to implement
functionality to contact the user, with the user’s permission, for its
products. These tools include:
- SocketLabs: reliable delivery of password reset emails and
account-related notifications
- Firebase: implementation of “push notifications” to
applications in order to inform players of the status of their turns (in
our Gem Rush game)
- During
a Change to Quicksilver’s Business. If Quicksilver
engages in a merger, acquisition, bankruptcy, dissolution, reorganization,
sale of some or all of Quicksilver’s assets or stock, financing, public
offering of securities, acquisition of all or a portion of our business, a
similar transaction or proceeding, or steps in contemplation of such
activities (e.g., due diligence), some or all Information may be shared or
transferred, subject to standard confidentiality arrangements.
- Aggregated
or De-identified Data. We may disclose
or use aggregated or de-identified Information for any purpose. For
example, we may share aggregated or de-identified Information with
prospects or partners for business or research purposes, such as measuring
time spent on our Web Site or in the Games.
- To
Comply with Laws. If we receive a
request for information, we may disclose Information if we reasonably
believe disclosure is in accordance with or required by any applicable
law, regulation or legal process.
- To
enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property or safety
of Quicksilver or third parties, including enforcing contracts or
policies, or in connection with investigating and preventing fraud or
security issues.
- With
Consent. Quicksilver may share Information
with third parties when we have consent to do so.
Security
Quicksilver takes security of data very seriously. Quicksilver works hard to
protect Information you provide from loss, misuse, and unauthorized access or
disclosure. These steps take into account the sensitivity of the Information we
collect, process and store, and the current state of technology. Given the
nature of communications and information processing technology, Quicksilver
cannot guarantee that Information, during transmission through the Internet or
while stored on our systems or otherwise in our care, will be absolutely safe
from intrusion by others.
Information sent to and from our servers is encrypted in transit, and key
elements such as passwords are obfuscated in our databases.
Age Limitations
To the extent prohibited by applicable law, Quicksilver does not knowingly
request personal information from anyone younger than 16 years old. If you
learn that anyone younger than 16 has unlawfully provided us with personal
data, please contact us and we will take steps to delete such information in
accordance with our standard deletion policies.
Changes To This Privacy Policy
Quicksilver may change this Privacy Policy from time to time. Laws,
regulations and industry standards evolve, which may make those changes
necessary, or we may make changes to our business. We will post the changes to
this page and encourage you to review our Privacy Policy to stay informed. If
we make changes that materially alter your privacy rights, Quicksilver will
provide additional notice, such as via email or through the Games. If you
disagree with the changes to this Privacy Policy, you should discontinue use of
our Games and Web Site.
Data Protection Officer
To communicate with our Data Protection Officer, please email gdpr@quicksilver.com.
Identifying The Data Controller and Processor
Data protection law in certain jurisdictions differentiates between the
“controller” and “processor” of information. In general, the Customer is the
controller of Customer Data. In general, Quicksilver is the processor of
Customer Data and the controller of all other Information.
Your Rights
Individuals located in certain regions, including the State of California
and the European Economic Area, have certain statutory rights in relation to
their personal data. Subject to any exemptions provided by law, you may have
the right to request access to Information, as well as to seek to update,
delete or correct this Information. You can do this by contacting us via email
at gdpr@quicksilver.com.
To the extent that Quicksilver’s processing of your Personal Data is subject
to the California Consumer Privacy Act (CCPA) European General Data Protection
Regulation (GDPR), Quicksilver relies on its legitimate interests, described
above, to process your data. Quicksilver may also process Information that
constitutes your Personal Data for direct marketing purposes; you have a right
to object to Quicksilver’s use of your Personal Data for this purpose at any
time.
Data Protection Authority
Subject to applicable law, you also have the right to (i)
restrict Quicksilver’s use of Information that constitutes your Personal Data
and (ii) lodge a complaint with your local data protection authority or directly
with Quicksilver at gdpr@quicksilver.com.
Contacting Quicksilver
Please feel free to contact Quicksilver if you have any questions about this
Privacy Policy or Quicksilver’s practices, or if you are seeking to exercise
any of your statutory rights. You may contact us with general queries at gdpr@quicksilver.com and for data
deletion requests at deletions_qsi@quicksilver.com.
Quicksilver is a Registered Trademark of Quicksilver Software, Inc. SymPlay is a trademark of Quicksilver Software, Inc. Other
marks are the property of their respective owners.