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Children's Privacy & Cookies Policy

Last Updated: March 11, 2024.

The Effective Date of this Children's Privacy Policy is October 1, 2017.

Welcome! This Children's Privacy Policy ("Children's Privacy Policy") applies to the collection and use of information from children younger than age thirteen (13) ("Child" or "Children") on websites (including both mobile and online versions) and online and mobile services (e.g., apps) (collectively, the "Nightmarket Games Services" and, individually a "Service") made available by Nightmarket Games Inc. (f/k/a Epic Story Interactive Inc., hereinafter "Nightmarket," "we," "our" or "us"), and that include a link to this Children's Privacy Policy.

Nightmarket providing this Children's Privacy Policy to explain Nightmarket's information collection practices at the Service for Children, such as the types of information Nightmarket regarding Children and how we may use and disclose that information. This Children's Privacy Policy is provided in accordance with the U.S. Children's Online Privacy Protection Act ("COPPA"), and outlines our practices regarding Children's personal information.

Some portions of the Service may be directed at and may collect personal information from parents, teens or other adults. In such cases, these portions of the Service are subject to separate or additional privacy notices, such as the general privacy policy of Nightmarket Games Inc. that applies to the information collection practices for general audience visitors. For more details on how we use and share general audience visitor's information, please see Nightmarket's general Privacy Policy.

Note to Parents: The Internet offers a world of opportunity for Children. Your guidance and involvement are essential to help ensure that Children have a safe and rewarding online experience. Your efforts to instill responsible information practices will help steer your Children to age-appropriate sites, and will go a long way toward ensuring that your Children have positive experiences online.

1. What Information Does the Service Collect?

  1. Parents and Legal Guardians. Consistent with the requirements of COPPA, on any child-directed website or application where we wish to collect personal information from Children, we will ask for an email address of the Child's parent or guardian. We may use this information to: (i) let the parent or guardian know of the Child's interest in the activity; (ii) ask for the parent or guardian's permission for the Child to participate in that activity; (iii) provide instructions to the parent or guardian on how to register and activate certain features of their Child's account; and/or (iv) store the parent or guardian's email in "hashed" or protected format (e.g., translated into a string of letters or numbers that don't identify the individual) to help with account maintenance, such as to retrieve a lost password.
  2. Personal Information and Account Registration. Children may, in certain cases, be permitted to register with our Service to view content, play games, participate in sweepstakes, contests and other promotions and engage in special features, among other things. During the registration process, we may ask the Child to provide certain information for notification and security purposes, including a parent or guardian's email address and the Child's first name. We may also ask for birth dates from Children to validate their ages. Once registered for an account, in order to enable visitors to participate in some of our online and mobile activities, or so we can respond to your requests, we may ask you or your Child to provide us with certain information, such as your name, hometown, and an email address. For other activities that include enhanced interactive features, such as where areas visitors can play games, chat with their friends, and redeem virtual items or currency, we may require you or your Child to choose a screen name and/or create an account with us. This account may require additional information, such as a username, password and other profile information.
  3. Content Generated by a Child. Certain activities on our Service may allow Children to create or manipulate content and save it with Nightmarket. Some of these activities do not require Children to provide any personal information to us and therefore may not result in notice to the parent or require parental consent. If an activity potentially allows a Child to insert personal information in their created content, we will either pre-screen the submission to delete any personal information, or we will seek verifiable parental consent for the collection. Examples of created content that may include personal information are stories or other open-text fields, and drawings that allow text or free-hand entry of information. If, in addition to collecting content that includes personal information, Nightmarket also plans to post the content publicly or share it with a third party for the third party's own use, we will obtain parental consent.
  4. Device and Usage Information. We also collect certain information automatically when visitors use our Service, such as the type of computer, device, mobile operating system (e.g., Windows or Mac OS) and browser (e.g., Firefox, Internet Explorer, mobile Internet browser) used to access our Service, mobile carrier, domain name of the Internet service provider, certain identifiers (such as unique device identifier, IP address, and mobile device IP address), usage information (such as page requests and average time spent on our Service) and other information described in this Children's Privacy Policy to help us support the internal operations of the Service. See also the COOKIES AND SERVICE USAGE INFORMATION Section of this Children's Privacy Policy below.
  5. Contact Us. If a visitor chooses to contact us via email or through a customer support form, we may ask for certain personal information, such as name and email address and information regarding the inquiry. Once we have fulfilled the visitor's request, we will delete the personal information.

2. How Do We Use the Information Collected?

We may use information collected from the Service: (i) to provide a visitor with information, products or services or process transactions that the visitor has requested or agreed to receive, including to send the visitor electronic newsletters, which may include information from third parties; (ii) to enable a visitor to participate in a variety of the Service's features such as online entry sweepstakes, contests and other promotions; (iii) to improve the Service or our services, to customize the visitor's experience on the Service, or to present the visitor with specific content that is most relevant to the visitor; (iv) to contact the visitor with regard to the visitor's use of the Service and, in our discretion, changes to the Service and/or Service's policies; (v) for internal business purposes; (vi) for purposes disclosed at the time the visitor provides their information or as otherwise set forth in this Children's Privacy Policy. We also may use the information pursuant to the consent we obtained from a parent or legal guardian.

Further, we may use third party analytics and other service providers to evaluate and provide us with information about the use of the Service and viewing of our content. We do not share a Child's personal information with these analytics service providers, but they may set and access their own tracking technologies and methods such as cookies, web beacons and embedded scripts on your device and they may otherwise collect or have access to information about you. This Children's Privacy Policy does not govern such third party tracking technologies but does govern our collection and use of your information we receive in connection therewith.

3. How and When Do We Share Information With Third Parties?

We may provide your information to third parties under various circumstances detailed below:

  1. Service Providers. Sometimes we use agents, contractors, or other service providers to provide services on our behalf to our visitors, such as providing visitors with virtual currency they may have purchased, redeeming points for virtual items or products, sending merchandise visitors have ordered, sending emails on our behalf, or helping us administer and fulfill prizes for sweepstakes, contests or promotions. In these cases, we require service providers to protect the confidentiality and security of the personal information. We may also use service providers for activities in support of internal operations, such as to perform analytics.
  2. Co-Sponsors. Our Service, or portions of our Service, may be co-sponsored by one or more of our business partners who may also collect or have access to visitors' personal information. If this is the case, we will provide a notice at a point where the personal information is collected on the Service or upon download of the mobile app.
  3. External Links. Our Service may contain links to third party websites, services and applications whose information practices may be different from ours. Following these links may take the visitor to third party websites, services, and applications that may offer content or games, or conduct sweepstakes, contests or promotions that are separate from our Service. If visitors are interested in these third party offerings, they should consult the privacy notices for the relevant third party, since those websites, services, and applications are not covered by our Children's Privacy Policy and may follow different procedures.
  4. Interactive Features for Teens and Adults. When teen or adult visitors use social media platforms and third-party plugins on our Service, the third parties who provide those features may be able to collect and use information about the visitor and activity on our Service, including notifying the visitor's connections on the social media platform, in accordance with their own privacy policies. We recommend that visitors review these third-party privacy policies for more information about their information practices.
  5. Legal Process, Law Enforcement, and Corporate Transactions. We and our agents, contractors, and service providers may disclose information we maintain when required to do so by applicable law, for example, in response to a court order, subpoena, legal process, or other claim or inquiry. We also may disclose such information in response to a law enforcement agency's request or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the rights, property, or physical safety of any person, violations of our terms of use, and to verify or enforce compliance with the policies governing our Service and applicable laws, or as otherwise required or permitted by law or legal requirements. In addition, we may transfer information about our visitors in the event of a business transaction, such as if we or one of our business units or our relevant assets are acquired by, sold to, or merged with another company.
  6. With Consent. We may disclose visitors' information for any other purposes pursuant to appropriate consent or at their direction.

4. Cookies and Service Usage Information

When Children interact with us, certain information may automatically be collected, both to make our Service and applications more interesting and useful to Children and for various purposes related to our business. This information is collected using technologies such as:

  1. Cookies. At some pages of our Service, we, our service providers and other third parties may use a software technology called "cookies" or similar technologies to support and enhance visitors' online experiences. We place cookies on a visitor's computer browser or device when they visit our Service so we can store their preferences and analyze their use of the Service, such as how many times someone visits our Service and various sections of the Service.
    Our Service may also use locally stored objects (sometimes referred to as "Flash cookies") for Adobe's Flash player and similar applications, in order to provide certain content, such as video on demand, video clips, or animation. This technology may also remember settings, such as screen size or font selection. Flash cookies are not managed through a visitor's web browser, but Flash management tools can be accessed from Adobe's website.
  2. Other Tracking Technologies. We, our service providers, and other third parties also may use clear gifs (a.k.a. "web beacons"), images, or scripts placed on a web page or device to collect data, such as the number of visitors to a web page or app, or to deliver a cookie or other content to a visitor's browser or device.
  3. Choices Regarding Cookies and Tracking Technologies. For more information about cookies and how browser settings can be changed to reject them, visitors should go to their Service browser's "Help" menu. If a visitor decides not to accept cookies from our Service, that visitor may not be able to take advantage of all of the features of our Service. By using the Service without rejecting cookies and similar online technologies, visitors consent to our use of such technologies to collect and process information. We do not currently take actions to respond to "Do Not Track" signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.
    Google Analytics, one of our service providers, provides its own opt-out process. Visitors can find out more information about Google Analytics' cookies here. Visitors can control the use of Google Analytics relating to their use of our Service, by downloading an installing the browser-plug in available here. Information about other service providers that we use for collecting Service usage information is available here.

5. International Transfer

We operate globally, so it may be necessary to transfer any information we collect via the Service internationally. In particular, the information provided will likely be transferred to and processed in either Canada or the U.S. by us, our agents or service providers. By using this Service, visitors consent to the collection, international transfer, storage, and processing of their information as set forth in this Children's Privacy Policy and any other privacy notice provided at the time the information is collected.

6. Links to Other Websites

Our Service contains links to other websites whose information practices may be different than those at this Service. Visitors should consult the privacy notice at the particular site to which they link to ascertain the practices there.

7. Choices; Questions; Contact Us

Visitors, including parents and guardians of Child visitors, with questions or comments regarding this Children's Privacy Policy or who would like to review or update personal information collected on the Service, have this information deleted, or request that there be no further collection, use, or disclosure of this information can contact us using the information below. The entities listed below will respond to all inquiries from parents concerning this Children's Privacy Policy and use of Children's information.

Nightmarket Games Inc.
Attention: Privacy
1750-1055 W Georgia Street
PO Box 11125
Vancouver, BC
V6E 3P3
Canada
Email: Contact us

Please note that we will take reasonable steps to verify the identity of anyone requesting information about a Child.

If a visitor no longer wishes to have information collected by an application installed on the mobile device, they may uninstall the application by using the standard uninstall processes available on the mobile device or via the mobile application marketplace or network.

8. Parental Notification and Consent

When a Child is asked to provide personal information to us other than for so-called one-time uses (as permitted by COPPA), we will first collect the Child's parent's (or legal guardian's) e-mail address and use this information to contact the parent by email to notify the parent that their Child wishes to provide Personal Information to us. The notice will describe the purposes for which the Personal Information is collected, and provide the parent with an opportunity to decline our collection of the information from the Child.

In our email to the Child's parent, we will typically attach our Parental Consent Form, which must be completed, signed and returned to us either by regular mail to: Nightmarket Games Inc., Attention: Privacy, Queens Quay Terminal 207 Queens Quay West, Suite 550, Toronto, Ontario M5J 1A7, or by fax to: 1-416-363-8919. If we receive a completed and signed Parental Consent Form from a parent, we will email the Child and give them instructions on how they can access the Service activity they requested to participate in. In certain internal purposes, COPPA permits us to obtain parental consent via email, followed by a subsequent confirmation from the parent, and we may obtain parental consent for such purposes by that method.

9. Notification Regarding Updates

From time to time, we may update this Children's Privacy Policy at any time without prior notice. Any changes will be effective immediately upon the posting of the revised Children's Privacy Policy. We will notify visitors about material changes to our privacy practices by placing a notice on the Service where this Children's Privacy Policy is posted or by sending the parent or guardian an email message. We encourage visitors to periodically check back to review this Children's Privacy Policy to understand our current privacy practices.