QBeez® Privacy Policy

Last Updated: Aug 1, 2016

Thank You ("You" or "Your") for accessing the QBeez® Mobile Application ("App") as made available by Skunk Studios, Inc ("QBeez®," "we," "our" or "us"). Capitalized terms not defined herein shall have the meaning set forth in the QBeez® Mobile Application End-User License Agreement and Terms and Conditions ("EULA"). This QBeez® Mobile Application Privacy Policy ("Privacy Policy") covers our treatment of personal information and other information that we collect when You: (a) register as an End-User to download and/or use the App; (b) utilize the various QBeez® Offerings including, without limitation, the Free Contests and QBeez® Fantasy Contest; and/or (c) utilize the Interactive Services, including submitting Feedback or other communications by and through same. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY IN ITS ENTIRETY, YOU MAY NOT DOWNLOAD OR OTHERWISE USE THE APP AND ASSOCIATED QBeez® QBeez® CHARACTERS, QBeez® STARS, QBeez® CHARACTER DESIGN THEMES, INTERACTIVE SERVICES AND/OR FEEDBACK (AS THOSE TERMS ARE EACH INDIVIDUALLY DEFINED IN THE EULA, AND COLLECTIVELY, THE "QBeez® OFFERINGS").

Your California Privacy Rights

If You are a resident of the State of California and would like to learn how Your "personal information" (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please Email us;

Further, if You are a resident of the State of California and would like to opt-out from the disclosure of Your personal information to any third party for marketing purposes, please Email us. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law.

Personally Identifiable Information Collected

QBeez® collects certain personally identifiable information from You when You download the App and/or utilize certain of the QBeez® Offerings including, without limitation, Your: (a) user name and password; (b) e-mail address; (c) city and state of residence; (d) full name, credit card information and billing address (if You are purchasing Merchandise, as that term is defined below); (e) certain Facebook® and/or Twitter® account information, including respective account User Names and friends lists (where You register and/or log-in to the App via Your Facebook® and/or Twitter® account, respectively); and (f) any other information requested on the applicable installation form (collectively, "Initial Registration Data"). Further, End-Users that win prizes in connection with the QBeez® Fantasy Contests may be required to provide: (i) their Social Security Number; and (ii) picture proof of identification, which may include a driver's license, passport, voting card or similar government issued identification ("Prize Winner Data," and together with the Initial Registration Data and Usage Data (as defined below), the "Registration Data"). For purposes of this Privacy Policy, Your credit card information, as well as all Prize Winner Data, shall be considered "Sensitive Information." In addition, when You participate in Free Contests, we may collect Your QBeez® Stats and other data related to Your QBeez® Bets and App usage (collectively, "Usage Data"). We may also collect certain portions of Your personal information when You otherwise agree to the terms of this Privacy Policy, but do not complete the App download process in full.

Facebook® is a registered trademark of Facebook, Inc. ("Facebook"). Twitter® is a registered trademark of Twitter, Inc. ("Twitter"). Please be advised that QBeez® is not in any way affiliated with Facebook or Twitter, and the QBeez® Offerings are not endorsed, administered or sponsored by Facebook or Twitter.

Use of Personally Identifiable Information

By submitting Your personal information by and through the QBeez® Offerings, You agree that we may share, sell, rent, lease or otherwise provide that personal information (other than Sensitive Information) to any third party for any purpose, and we may work with other businesses to bring selected retail opportunities to our End-Users. These businesses and third parties may include, but are not limited to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; (c) telemarketers (where permitted by applicable law); and (d) direct marketers.

We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from End-User lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our End-Users' personal information as needed to perform their functions for us, but we do not permit them to use End-User personal information for other purposes.

We will also use Your personal information (including Usage Data) for customer service, to provide You with information that You may request, to customize Your experience with the QBeez® Offerings and/or to contact You when necessary in connection with Your use of the QBeez® Offerings. We may also use Your personal information (including Usage Data) for internal business purposes, such as analyzing and managing our business including, without limitation, the QBeez® Offerings. We may also combine the information we have gathered about You with information from other sources.

By submitting Your personal information by and through the QBeez® Offerings, You agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the "Rule") and applicable state do-not-call regulations. As such, notwithstanding that Your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact You via telemarketing in accordance with the Rule and applicable state do-not-call regulations.

Where You provide "prior express written consent" within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time ("TCPA"), You consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls (including SMS text messages) delivered via automated technology, to the telephone number(s) that You provided. Please note that You are not required to provide this consent in order to obtain access to the QBeez® Offerings, and Your consent simply allows QBeez® to contact You via these means. Further, You agree that we reserve the right to share, sell, rent, lease and/or otherwise distribute Your mobile telephone and other mobile data with/to any third-party for any and all non-marketing uses permitted by this Privacy Policy and applicable law.

We reserve the right to release current or past Registration Data and other personal information: (i) in the event that we believe that the QBeez® Offerings are being or have been used in violation of the EULA or to commit unlawful acts; (ii) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide You with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; or (iii) if QBeez® is sold, merged with a third party, are acquired or is the subject of bankruptcy proceedings; provided, however, that if QBeez® is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, You will be notified via email and/or a prominent notice on the App interface of any change in ownership or uses of Your personal information, as well as any choices that You may have regarding Your personal information.

Moreover, You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing Your e-mail address with third-parties for suppression purposes in compliance with applicable law including the CAN-SPAM Act of 2003, as amended from time to time. End-Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third parties without permission.

Credit Card Transactions

QBeez® utilizes third party service providers to provide credit card payment processing services. If You choose to make a purchase of Merchandise by and through the App, the payment information provided will either be collected directly by such third party service provider(s) or we will share that payment information with our contracted third party service provider(s). QBeez® requires that its third party payment processing service provider(s) has/have in place privacy policies and practices consistent with this Privacy Policy; provided, however, that we cannot guarantee the privacy practices of our third party payment processing service provider(s).

Social Media Sites

If You promote or otherwise share Your QBeez® Stats, QBeez® Leaderboards and/or other QBeez® Offerings results by and through Social Media Sites, You should be aware that the personal information that You submit by and through such Social Media Sites can be read, collected and/or used by other users of these forums (depending on Your privacy settings associated with such Social Media Sites), and could be used to send You unsolicited messages or otherwise to contact You without Your consent or desire. We are not responsible for the personal information that You choose to submit in these forums.

The Social Media Sites operate independently from QBeez®, and we are not responsible for such Social Media Sites' interfaces or privacy or security practices. We encourage You to review the privacy policies and settings of the Social Media Sites with which You interact to help You understand those Social Media Sites' privacy practices. If You have questions about the security and privacy settings of any Social Media Sites that You use, please refer to their applicable privacy notices or policies.

Non-Personal Information Collection and Use

Mobile Device, Geolocation and App Usage Information

We may collect certain non-personally identifiable information about You and Your Mobile Device when You visit many of the pages of the App. This non-personally identifiable information includes, without limitation, the following information pertaining to Your Mobile Device, Your location and Your use of the App: mobile device platform type; SDK version; timestamp; API key (identifier for the App); App version; mobile device identifier; iOS Identifier for Advertising; iOS Identifier for Vendors; Media Access Control (MAC) address; International Mobile Equipment Identity (IMEI); the model type, manufacture and OS version of the mobile device; Your App session start/stop time; Your time zone; and network status (WiFi, etc.). We use the non-personally identifiable information that we collect to improve the design and content of the App and to enable us to personalize Your App experience. We also may use this information in the aggregate to analyze App usage, as well as to offer You products and services.

QBeez® may use geolocation technology to track App end-users' locations for the sole purpose of confirming the eligibility of such end-user to participate in the Free Contests and/or QBeez® Fantasy Contests.

Cookies

When an End-User activates the App, we send one (1) or more cookies and/or gif files (collectively, "Cookies") to assign an anonymous, unique identifier to the applicable End-User's Mobile Device. Cookies have many benefits to enhance Your experience with the QBeez® Offerings. To find out more about Cookies, please visit www.cookiecentral.com. We use Cookies to improve the quality of the QBeez® Offerings, including for storing End-User preferences, improving ad selection and tracking QBeez® Offerings-user trends (such as pages opened and App session length).

Most mobile devices are initially set up to accept Cookies, but You can reset Your Mobile Device to refuse all Cookies or to indicate when a cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with Your Mobile Device's Internet browser. Even in the case where an End-User rejects a Cookie, he or she may still use the App; provided, however, that that End-User's ability to utilize certain features of the QBeez® Offerings may be impaired. We reserve the right to retain Cookie data indefinitely.

Behavioral Tracking

Neither QBeez®, nor any third parties, place cookies or other tracking technology in the App that tracks End-Users' activities after they leave the App.

Third Party Links

The QBeez® Offerings may contain links to other third-party owned and/or operated mobile websites including, without limitation, Social Media Sites. QBeez® is not responsible for the privacy practices or the content of such websites. In some cases, You may be required to provide certain information to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and QBeez® has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of, the privacy policies and/or terms and conditions of such websites. These third party entities are independent third parties and are not affiliated with us.

Third-Party Offers

QBeez® provides its End-Users with the opportunity to receive special offers, products and/or services from third parties. Where You indicate the desire to receive certain offers, products or services from a third party during the applicable information collection process, Your personally identifiable information that was provided during that QBeez® information collection process will be shared with the applicable third party so that such third party may provide its product or service to You and so that You do not have to complete another information collection form to purchase or receive that product or service.

Opt-Out/Unsubscribe

To opt-out of having Your information shared with third parties, please Email us. To opt-out of receiving e-mail advertising, SMS text message marketing, telemarketing and direct mail marketing from us, You can follow the instructions at the end of the applicable marketing message or Email.

Notwithstanding the foregoing, we may continue to contact You for the purpose of communicating information relating to Your request for QBeez® Offerings, as well as to respond to any inquiry or request made by You. To opt-out of receiving QBeez® Offerings-related, and inquiry response-related messages from QBeez®, You must cease requesting the QBeez® Offerings and cease submitting inquiries via Email, as applicable.

Identifying, Deleting and/or Updating Your Information

At Your request, we will inform You of what personal information we have on file for You. In addition, at Your request, we will remove, update and/or modify the personal information that You have provided to us, or that we have collected. You may do so by contacting us via Email; provided, however, that we ask individuals to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).

Please be advised that, after You delete Your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems. In addition, this deletion will not change or delete personal information which may have already been shared with third parties, all as provided above in this Privacy Policy. You will need to contact the third parties that contact You directly to change Your preferences regarding their use of Your personal information.

Security

We endeavor to safeguard and protect our End-Users' personal information. When End-Users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts End-Users to enter Sensitive Information, and when we store and transmit such Sensitive Information, that information is encrypted and is protected with SSL encryption software.

Access to Your personal information is strictly limited, and we take reasonable measures to ensure that Your personal information is not accessible to the public. All of our End-Users' personal information is restricted in our offices. Only employees or third party agents who need the personal information to perform a specific job are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all End-User personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.

Please be advised, however, that while we take every reasonable precaution available to protect Your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of Your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of Your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that Your personal information will be absolutely secure. Any transmission of data at or through the App, other QBeez® Offerings or otherwise via the Internet or wireless network is at Your own risk.

Minors

Individuals under eighteen (18) years of age are not permitted to access and/or use the App in any way. We do not knowingly collect information from individuals under eighteen (18) years of age. No information should be submitted to, or posted by and through, the App by individuals under eighteen (18) years of age. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

Changes to Privacy Policy

QBeez® reserves the right to change or update this Privacy Policy at any time by posting a notice on the App interface that we are changing our Privacy Policy. If the manner in which we use personally identifiable information changes, QBeez® will notify End-Users by: (a) sending the modified policy to our End-Users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use Your information in this different manner, and we will only use Your information in this different manner where You opt-in to such use.

Contact Us

If You have any questions regarding this Privacy Policy, or would like more information on our privacy practices, please Contact Us.

Filing a Complaint with the Federal Trade Commission