Terms & policies

Updated on January 01, 2023

Table of contents

Terms of use

Welcome to Frameplay! We provide an intrinsic virtual advertising platform that allows advertisers to reach gamers without negatively impacting gameplay.

These Terms of Use govern your use of Frameplay, a website and online platform owned by Frameplay Corporation (“Frameplay”, “Company”, “We”, “Our”), which also includes all related software development kit, widgets, tools, data, software, and other services provided by us (the “Services”).

This document, together with our Privacy Policy and any other terms specifically referred to therein, constitute a legally binding agreement (the “Agreement”) between you and the Company in relation to your use of our Services. If you do not agree with these Terms, do not use Frameplay.

Acceptance of Terms of Use

Please read these Terms of Use, and our Privacy Policy, very carefully. When prompted, please click or press “Accept” if you agree to be legally bound by all terms and conditions herein. Your acceptance of these Terms of Use creates a legally binding contract between you and the Company. If you do not agree with any aspect of these Terms of Use, then do not click or press “Accept,” in which case you may not use the Services. By accepting to the Terms of Use and creating an account, you represent and warrant that the information you include on the Website is accurate and that you have the capacity to enter into and abide by these terms and conditions.

Changes to Terms of Use

We reserve the right to change, alter, replace or otherwise modify (collectively “Changes”) these Terms of Use at any time. The date of last modification is stated in the footer of these Terms of Use.

When we make any updates to these Terms of Use, we will highlight this fact on the website or online platform. In addition, if you register an account and these Terms of Use are subsequently changed in any material respect (for example, for security, legal, or regulatory reasons), we will notify you in advance by sending an email to the email address that you have provided to us. You will have no obligation to continue using the Services following any such notification, but if you do not terminate your account as described in the Termination section below, your continued use of the Services will constitute your acceptance of the revised Terms of Use.

Description of the Services

Frameplay is a cloud-based advertising platform that enables brands to deliver highly targeted intrinsic virtual advertisements. These ads can be deployed into virtual environments with zero negative impact on the gameplay experience. Game developers are able to register games and ad spaces, track performance, and clearly understand where and why revenue is being generated. Advertisers create campaigns, specify their target audience or region and easily monitor their campaigns on the platform in real time. Advertising agencies can easily manage all of their client campaigns and budgets, track top performers, and pinpoint opportunities from live metrics.

Your Frameplay Account

Access to the Services are only available to registered users who have expressly agreed to these Terms of Use and our Privacy Policy.

When you first create a Frameplay account, you may register as a game publisher, advertiser, or advertising agency. We ask you to input your name, organization name, email address, phone number, and create a password. We will then send you a verification code to your email address to finalize the registration. To better protect all of our information, we may implement a two-factor authentication (“2FA”), a security measure to provide a second layer of protection when accessing our Services.

All account information will be treated in accordance with our Privacy Policy. You are solely responsible for maintaining the confidentiality and security of your login and account information, and you will remain responsible for all activity emanating from your account, whether or not such activity was authorized by you.

All registered members of Frameplay are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to their Frameplay passwords or accounts. It is the registered member’s sole responsibility to: (1) control the distribution of their passwords or account information; (2) authorize, monitor, and control access to and use of their Frameplay account and password; (3) inform Frameplay of any need to deactivate their password or change their registration, as soon as possible.

If your account login information is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify the Company in writing, and should change your password at the earliest possible opportunity.

We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend, terminate, and delete your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

You may terminate your account at any time through our Services, or you can contact us at support@frameplay.gg.

Your Frameplay Dashboard

Once you create and login to your Frameplay account you will have access to your dashboard.

If you register as a game publisher, your dashboard with allow you to create a new game and enter its title, genre, development stage, game rating, content restrictions and whether the game is compliant with The Children’s Online Privacy Protection Act (COPPA). Upon creating a game, game publishers will be able to create ad spaces in the game that will then appear in the ad spaces dashboard for customization.

Game publishers are solely responsible for determining content restrictions. Frameplay expressly disclaims any liability related to setting improper content restrictions for a specific game.

If you register as an advertiser or advertising agency, your dashboard will allow you to manage your advertisements. You will be able to create a new ad that involves defining your goals, choosing the product or service to promote, naming the advertisement, genre and gaming platforms that you wish to target. You will also be able to choose your audience by location, language, gender, age range, content restrictions and state whether the ad is COPPA compliant. Finally, you will be able to set a budget, including daily spend limit, and make bids for advertising spaces before ultimately uploading advertisements on Frameplay’s platform.

Advertisers and/or advertising agencies are solely responsible for inputting the proper audience information. Frameplay expressly disclaims any liability related to improper audience and content restrictions for a specific game.

Your Use of the Services

Subject to your strict compliance with these Terms of Use, Frameplay grants you a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable right and license to use the Services in order to generate text, graphics, software, photographs, videos, data, and other materials (collectively “Content”), view Content, share and download Content using the features of the Services where the appropriate functionality has been enabled.

The above licenses are conditional upon your strict compliance with these Terms of Use including, without limitation, the following:

(i) You must not copy, rip or capture, or attempt to copy, rip or capture, any Content from the Services or any part of the Services, other than by means of download or sharing in circumstances where we have elected to permit downloads and sharing of the relevant Content.

(ii) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.

(iii) You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Services or any Content appearing on the Services (other than your Content).

(iv) You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Services, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than your Content.

(v) You must respect the wishes of other users. If you are blocked by another user, you agree to not attempt to contact them on Frameplay either from the account you were blocked from or any other account.

(vi) You must not use the Services to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

  • any Content that is offensive, abusive, libelous, defamatory, obscene, racist, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in the Company’s reasonable discretion;
  • any information, Content, or other material that violates, plagiarizes, misappropriates, or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
  • any Content that violates, breaches, or is contrary to any law, rule, regulation, court order, or is otherwise is illegal or unlawful in the Company’s reasonable opinion;
  • any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which actually or potentially could overburden, impair or disrupt the Services or servers or networks forming part of, or connected to, the Services, or which actually or potentially could restrict or inhibit any other user’s use and enjoyment of the Services; or
  • any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.

(vii) You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.

(viii) You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company or sending messages or making comments using the name of another person.

You agree to comply with the above conditions and acknowledge and agree that Frameplay has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

User License Grant to Frameplay

Subject to the obligation to maintain the confidentiality of Personal Information about a user as identified in the Privacy Policy, You, as a user of the Services grant Frameplay a non-exclusive, fully paid-up, royalty-free, perpetual, and irrevocable license, throughout the universe, to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, communicate to the public, and otherwise utilize and exploit your de-identified (anonymized) Personal Information and information about Your use of the Service to:

  • improve the Service or the functionality of Frameplay;
  • to respond to user inquiries or technological issues or problems;
  • for external and internal marketing purposes;

to comply with applicable laws; for example, to respond to regulatory authorities responsible for oversight of government benefit programs or our operations; to parties or courts in the course of judicial or administrative proceedings; to law enforcement officials during an investigation

Intellectual Property Rights

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

All related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Copyright Infringement and the Digital Millennium Copyright Act (DMCA) Safe Harbor

We take the intellectual property rights of others seriously and require that users of Frameplay do the same. The Digital Millennium Copyright Act (DMCA) established a process for addressing claims of copyright infringement that we have implemented for our services. If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through Frameplay, please send a notice to our copyright agent that includes all of the items below and we will expeditiously take appropriate action:

  • A description of the copyrighted work that you claim is being infringed;
  • A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
  • Your address, telephone number, and email address;
  • The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
  • The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
  • An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.

Our designated copyright agent to receive such claims can be reached at legal@frameplay.gg.

We may, in appropriate circumstances, disable or terminate the accounts of users who may be repeat infringers.

This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.

Billing, Payment, Taxes and Fees

All financial transactions will be performed through Stripe and TransferWise, both third-party billing and payment platforms.

Fees for our Services are detailed on our website and platform. Frameplay may increase, modify or add new fees and charges for any of the Services from time to time by posting such changes on the website with at least 30 days notice. You agree to pay all amounts due in your account, quote or invoice and in accordance with Frameplay’s payment terms and, if applicable, those of any payment processor. If any payment is not made on time, Frameplay may deactivate your access to the Services.

Payments made under the Agreement shall be made without deduction or set-off for any withholding taxes, levies, imports, duties, charges and/or fees imposed by any governmental taxing authority except as required by law. If you are compelled to make any such deduction, you will pay to Frameplay such additional amounts as are necessary to ensure receipt of the full amount that Frameplay would have received but for the deduction. You will be responsible for, and agree to promptly pay, all taxes or duties of any kind (including but not limited to sales, use and withholding taxes) associated with any purchase or your receipt or use of the Services, except for taxes based on Frameplay’s net income. In the event that Frameplay is required to collect any tax for which you are responsible, you will pay such tax directly to Frameplay or its payment processor. Frameplay reserves the right to collect any applicable sales, use or value added tax.

All sales are final and there shall be no refunds except as required by law. Further, Frameplay will not allow changes to your purchase after you complete it. Frameplay may disable all access to the Services you have licensed to in the event you fail to make all payments when due.

You acknowledge and agree that any estimates of fees and charges provided to you by Frameplay are solely estimates based on assumptions and that you are fully responsible for the actual fees and charges that accrue.

Third Party Websites and Services

The Services may provide you with access to and/or integration with third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (hereinafter “External Services”).

The Company does not have or maintain any control over External Services and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, the Company does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.

External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by the Company with respect to the Services. You are solely responsible for reviewing any terms of use, privacy policy, or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.

You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.

The Company disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against the Company with respect to the content or operation of any External Services.

Disclaimer

THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, ONLINE PLATFORM AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, ONLINE PLATFORM OR OTHERWISE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL, EXCLUSIVE, AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SERVICES, AND YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOUR USE OF OR RELIANCE ON THE SERVICES IS MADE ENTIRELY AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS WHILE USING THE SERVICE.

WHILE THE COMPANY USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO THE COMPANY’S ATTENTION, THE COMPANY MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE SERVICES, OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE SERVICES OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE SERVICES WILL BE SECURE OR THAT ANY ELEMENTS OF THE SERVICES DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION.

THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.

Limitation of Liability

THE COMPANY’S AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY COST TO PROCURE SUBSTITUTE GOODS OR SERVICES, OR ANY INTANGIBLE LOSS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR ANY OTHER SERVICES PROVIDED TO YOU BY THE COMPANY.

This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, any form of error, or breakdown in the function of the service, or any other legal theory or form of action.

ALTHOUGH NOT AN EXHAUSTIVE LIST AND WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:

ANY LOSS OR DAMAGE ARISING FROM:

(A) YOUR RELIANCE ON THE CONTENT OF THE SERVICES, INCLUDING WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICES;

(B) YOUR INABILITY TO ACCESS OR USE THE SERVICES OR ANY PART OR PARTS THEREOF, INCLUDING DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE, OR YOUR ABILITY TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE SERVICES;

(C) ANY CHANGES THAT THE COMPANY MAY MAKE TO THE SERVICES OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE SERVICES OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;

(D) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTS HOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY THE COMPANY OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE SERVICES;

(E) ANY ERRORS OR OMISSIONS IN THE SERVICES’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;

(F) YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR ACCOUNT LOGIN INFORMATION SUITABLY CONFIDENTIAL;(G) ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA, OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH;

(H) ANY LOSS OF PROFITS, INCLUDING THOSE CAUSED BY YOUR RELIANCE ON THE SERVICES, OR ANY LOSS YOU SUFFER WHETHER OR NOT IT IS FORESEEABLE.

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES MUST BE NOTIFIED TO THE COMPANY AS SOON AS POSSIBLE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY’S LIABILITY WILL BE LIMITED ENTIRELY, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You hereby agree to indemnify, defend and hold harmless the Company, its successors, assigns, affiliates, agents, directors, officers, employees, and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:

(i) any violation by you of these Terms of Use or

(ii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent.

User-submitted content

You are responsible for all Content that you submit, post, or otherwise make available to or through the Services. By doing so, you represent and warrant to Frameplay that such content is not the confidential information of another person or entity and that you have all necessary permission to submit, post, and otherwise make available such Content. Frameplay makes no claims to ownership of Content including photos and videos that you submit, post, or otherwise make available to or through the Services and you continue to retain all ownership rights in such Content and the right to use your Content as you determine. However, you do grant to Frameplay and our affiliates a worldwide, nonexclusive, perpetual, global, royalty-free right and license (subject in all cases to the Privacy Policy) as set below:

with respect to Content other than photos, graphics, audio, video, or writing that you submit, post, or otherwise make available to public areas of the Services (e.g. not intended as a private communication), the license to use, reproduce, publish such Content (in whole or part) via the Frameplay website and platform; and

with respect to photos, graphics, audio, video or writing, including community messages, content or other material posted in public areas of the applications, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Content for the purpose for which such Content was submitted, posted, or made available.

Data Protection, Privacy, and Cookies

All personal data that you provide to us in connection with your use of the Services is collected, stored, used, and disclosed by the Company in accordance with our Privacy Policy, which is in compliance with European Union and California privacy law. In addition, in common with most websites, we use cookies, location data, and other user information to help us understand how people are using the Services, so that we can continue to improve the service we offer. The Privacy Policy, as may be updated by the Company from time to time in accordance with its terms, is hereby incorporated into these Terms of Use, and you hereby agree to the collection, use and disclose practices set forth therein.

Applicable Law and Jurisdiction

If a dispute arises between you and Frameplay, our goal is to provide you with a neutral and cost-effective means of resolving the issue quickly. In the event of a dispute, we encourage you to contact us first to resolve your problem directly with us. You may contact us regarding any complaints or disputes in the “Contact us” section below in these Terms.

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.

ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN SAN FRANCISCO, CALIFORNIA BEFORE ARBITRATOR(S). THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES OR PURSUANT TO JAMS’ STREAMLINED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.

Availability of Services

Frameplay may discontinue or change our Services at any time with or without prior notice and without liability to you. We make no guarantee that our Services will be available at all times or without interruption.

Termination

You agree that Frameplay may terminate your account at any time for your violation of any of the provisions of these Terms.

If you are dissatisfied with the Frameplay Services, please let us know by e-mailing us at support@frameplay.gg. Your only other remedy with respect to any dissatisfaction with (a) the Services, (b) any portion of these Terms, (c) any policy or practice of Frameplay in providing the Services, or (d) any content or information transmitted through the Website or the app, is to terminate the Services and your account. You may terminate the Services at any time by discontinuing your use of any and all parts of our Services and providing Frameplay notice of termination by emailing us at support@frameplay.gg.

Assignment

The Terms and any rights and licenses granted hereunder may not be transferred or assigned by you without Frameplay’s prior written consent, but may be assigned by Frameplay without restriction. Any assignment attempted to be made in violation of these Terms shall be void. These Terms shall be binding upon and inure to the benefit of the parties hereto, and their permitted successors, heirs, and assigns.

No agency

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Frameplay as a result of these Terms or use of the Frameplay Services.

Complete Agreement

These Terms constitute the entire agreement between you and Frameplay with respect to the use of the Frameplay Site and Content. Your use of the Frameplay Site is also subject to the Frameplay Privacy Policy. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Contact Us

For questions or comments about the Terms, please email us at support@frameplay.gg.

Corporate and Website Privacy Policy

Frameplay (“we,” “us,” “our”) respects your privacy and is committed to protecting it. This Privacy Policy (“Policy”) describes how we collect, use and disclose personal data and the choices you have related to this.   

Please review this Policy carefully to understand our practices regarding your personal data.  If you do not agree with the practices described in this Policy, please do not access or use our Websites or Services (defined below). By using or registering for our Services, you agree to this Policy. 

Scope

This Policy is only applicable to data collected from our customers (such as game developers or publishers, advertisers and advertising agencies) through frameplay.gg and other websites managed by Frameplay (collectively, the “Websites”), through our online platform, Frameplay SDK, and related software (collectively, the “Services”), and in the course of our sales and marketing activities, such as through email newsletters, online and in person events, and other interactive features and communications.

NOTE: Our Services are provided to game developers, advertisers, and advertising agencies for the purpose of facilitating integrated in-game advertisements.  If you are a game developer or publisher, you are responsible for appropriately informing players of your games (“Users”) that you use our Services to integrate advertisements into your game and securing any User consents required by law to allow us to provide you the Services.  For information on the personal data we collect using our Services from Users when Users interact with a game utilizing our Services, please see our Technology Privacy Policy here.

This Policy does not apply to any third party websites, applications or business to which we link or who may link to us.  You should review the privacy policies of those third parties to understand how they may collect and use your personal data.

Personal Data We Collect and How We Collect It

The categories of personal data we collect may differ depending on how you interact with us.

Personal Data You Provide to Us

We may collect the following personal data that you provide to us.

  • Account Creation.  When you register to use the Services, we may collect information about you and your organization, such as your name, organization name, business ID number, email address, mailing address, telephone number, location, and credit card information. 
  • Your Communications with Us. We may collect information such as name, email address and mailing address when you request customer or technical support or otherwise communicate with us.
  • Purchases. We may collect personal information and details associated with your purchases using the Services.  You may be required to provide financial information before placing an order through the Services or receiving payment.  All financial transactions will be performed by third-party billing and payment platforms, and we do not directly collect or store any payment card information entered through our Services.
  • Surveys.  We may contact you to ask you to participate in surveys for research and development purposes.  If you decide to participate, you may be asked to provide certain information which may include personal information.
  • Conferences, Trade Shows, and Other Events.  We may collect personal information from individuals when we attend conferences, trade shows, and other events.
  • Business Development and Strategic Partnerships.  We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
  • Job Applications.  We may post job openings and opportunities on our Websites.  If you reply to one of these postings, we will use and collect your personal information to assess your qualifications.  For additional details on how we collect and use your information in connection with applications for employment, please see our Applicant Privacy Policy.

Personal Data We Automatically Collect  

When you access or use our Services or Websites, we may use technology to automatically collect personal data:

  • Automatic Data Collection.  When you visit our Websites or use the Services we may collect certain information automatically, such as your IP address, user settings, MAC address, operating system, cookie identifiers, and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and internet service provider.  We may also automatically collect information regarding your use of our Websites and Services, such as pages that you visit before, during and after using our Websites and Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services and Websites.  
  • Developer Software Information. If you use Frameplay software or the Frameplay SDK to develop a game or application, we may automatically collect your IP address, operating system, username, hardware ID, organization ID, project ID, and aggregated usage statistics.

Cookies, Pixel Tags/Web Beacons, and Other Technologies 

We, as well as third parties that provide content, advertising, or other functionality on our Services and Websites may use cookies, pixel tags/web beacons, and other technologies that automatically collect information through your use of the Services or Websites.

  • Cookies.  Our Services and Websites use cookies, which are small text files that are intended to make the Services better for you to use. In general, cookies are used to retain preferences, store information for things like shopping carts, and provide tracking data to third-party applications like Google Analytics. You may, however, disable cookies on the Services. The most effective way to do this is to disable cookies in your browser. We suggest consulting the help section of your browser or doing your own web research on how to disable cookies

    Please note that linked third-party websites may also use cookies. We cannot control the use of cookies by these third-party websites. For example, when you link from our website or app to a third-party website, that website may have the ability to recognize that you have come from Frameplay by using cookies. If you have any questions about how third-party websites use cookies, you should contact such third parties directly.
  • Pixel Tags/Web Beacons. We may also employ software technology known as “web beacons” (also known as “pixel tags” or “clear GIFs”) which helps us keep track of what content on our Services and Websites are effective. Web beacons are small graphics with a unique identifier that are used to track the online movements of Internet users. Web beacons are embedded in the web pages you review, so they are not stored on your hard drive. The web beacons we may use will not track or collect personally identifiable information about you.
  • Other Technologies. The Services also use third-party analysis and tracking services, such as Google Analytics, to track the performance of our services, understand how you use our services, and offer you an improved and safer experience.

Our uses of these technologies fall into the following general categories:

  • Essential. These technologies allow you to access our Websites that are required to identify irregular website behavior, prevent fraudulent activity, and improve security or that allow you to make use of our features.  Because they are necessary, you must accept them to use our Websites;
  • Analytics and Performance.  These technologies collect information about traffic to our Websites and Services, and how they are performing.  For example, we use cookies to track the number of visitors to our Websites, what websites they were referred from and whether they have visited before.  We use this information to help operate and improve our Websites and Services.
  • Advertising. These technologies are used by advertising companies to collect information about how you use our Websites and other websites and applications over time.  These companies use this information to show you ads they believe will be relevant to you within our Websites and elsewhere, and to measure how the ads perform.
  • Customer Interaction.  These technologies allow our Websites to remember the choices you make when you use our Websites and Services to provide a more personal experience.

Information on your usage of our Services may be collected and processed by us or a third party engaged by us using a unique identification number assigned to you. Such usage information will be deleted as soon as this information is no longer required for the purpose collected, and will not be shared with third parties until after being anonymized.

Information Collected from Other Sources

We may obtain personal data about you from other sources, including business contact information from third party providers, such as event co-hosts, B2B intelligence platforms, or your company, if the Services are provided to you via your company.  We may also obtain information about you from publicly available third party sources, like social media.

How We Use Your Data and Legal Basis for Processing

How we use your personal data depends how you interact with us.  The specific purposes of which we use the data we collect about you are listed below.  In some jurisdictions, including those subject to the EU General Data Protection Regulation (“GDPR”) or UK General Data Protection Regulation (“UK GDPR”) we may only process your personal data when we have a legal basis to do so.  Our legal basis for processing your personal data is listed with each purpose for processing below.

We may use the information we collect from you in the following ways:

  • To provide and support the Services and Websites.  We use your personal data to provide our Services and Websites, including setting up your account with us.  As part of doing so, we may send you service messages and other services and content you request and send information related to accounts and services, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages through our Websites or by email.  You may not opt out of these messages, as they are considered part of the Services.

    Legal Basis for Processing: We may have a contractual obligation to you, or to your company, to provide you with access to and support the Services, which requires the processing of your personal data.  Otherwise, we have a legitimate interest in providing you access to and support for our Websites.
  • To personalize your user experience on the Services and Websites. We use the information we collect to personalize content and allow us to deliver the type of content and offerings in which you are most interested.

    Legal Basis for Processing: We have a legitimate interest in processing your personal data to improve your experience with us.
  • To understand and manage our relationship with you. We use your personal data to understand your use of the Services and Websites so that we can monitor the health of our relationship with you, identify usage trends, and suggest new services or features based on your usage of the Services.

    Legal Basis for Processing: We have a legitimate interest in making sure you are getting the full value out of your use of the Services and Websites and making suggestions to optimize your usage.
  • To communicate with you.  We will send you emails or otherwise communicate with you in response to your questions, feedback or comments.  For example, we will answer questions sent to us through the Websites.  We may also contact you with personalized messages via email, telephone or on social media if we identify that because of your experience or background that our Services might be of particular interest to you.  You can also opt into receiving emails about new features and services.  You can always opt out of these communications by following the opt out instructions in the message or by contacting us through the contact information below.

    Legal Basis for Processing: We have a legitimate interest in corresponding with you when you have contacted us, or when we have identified you may have a particular interest in the Services (when not prohibited by law).  Otherwise, when processing your personal data for marketing purposes, we rely on your consent.
  • To analyze the performance of our Services and for use in product development.  We may remove personal identifiers from data containing personal information so that it cannot be traced back to an individual and aggregate it by combining it with the data from multiple sources and/or individuals.  We may use this data to understand the performance of the Services and understand feature adoption and feature gaps, make product depreciation decisions and make product development decisions.  When doing so, we will remove all personal data.

    Legal Basis for Processing: We have a legitimate interest in creating anonymized data so that we can use that data to improve the Services.
  • For security, compliance, fraud prevention and safety. We may use your personal data as we believe appropriate to investigate or prevent violation of the law, our contracts with you, our Terms of Service, to secure the Services, to protect out, your or others’ rights privacy, safety or property, and to protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.  We may also use the information we collect about your device to detect users violating our contracts or Terms of Service and prevent further violations.

    Legal Basis for Processing: We have a legitimate interest in protecting ourselves and our users against unauthorized use of the Services and Websites to ensure the security of the data processed within them. We are also obligated to process certain personal data to monitor compliance with our contractual agreements and performance of other agreements we may have with you.
  • For compliance with law or to investigate legal claims.  We may use your personal data to comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities.  We may also use your personal data where permitted by law in connection with any legal investigation and to prosecute or defend legal claims.

    Legal Basis for Processing: In rare circumstances, we may rely on compliance with a legal obligation or protection of vital interests in the event of a legal investigation or request from a law enforcement or government agency.  As a global company, there are a wide variety of laws that might compel processing of your data on this basis, but they may include the following types of laws: civil and commercial laws, criminal laws, consumer laws, and corporate and taxation laws.
  • With your consent.  In some cases, we may ask for your consent to collect, use or share personal data in ways we have not described here. When we do that, we will always record your consent and you may change your mind and opt out by contacting us via the methods listed in the Contact Us section.

How We Share Your Data

Except for as mentioned below, we do not share personal data that we collect from our customers with any other companies.  We will not sell your personal data as part of a customer list or similar transaction.

We may share your personal data as follows:

  • Affiliates.  We may share your personal data with our subsidiaries, joint ventures, or other companies under common control, in which case we will require those entities to follow this Policy.  As a global company, we have employees employed by subsidiary companies across the world.  We may share any of the data listed above with any of these affiliated companies.
  • Business Partners. We may share your personal data with our business partners with whom we develop product integrations for our customers, or partners who help us host our events. For our event partners, we will only share your contact data, and only if you have consented to it at the time of registration.  If you would like to withdraw your consent you can contact us as provided in the Contact Us section.
  • Third Party Agents and Service Providers. We have third party agents and service providers that perform functions on our behalf, such as payment, billing, hosting, push notifications, storage, bandwidth, content management tools, analytics, customer service, fraud protection, and other similar services. These entities may have access to your personal data to the extent needed to perform their services.  All such third parties are contractually obligated to maintain the confidentiality and security of your personal data, and are restricted from using your personal data other than to provide their services.
  • Linking to Third Party Sites. Our Websites may link to other websites or services operated by third parties, whose privacy practices may differ from ours and are governed by their own privacy policies, not this Policy.  We do not control or endorse any of these third party websites or services, and we encourage you to carefully review the privacy policy of any website you visit.
  • Law Enforcement, Government Agencies and Other Companies and Organizations. In rare circumstances, we may share your personal data with law enforcement or governmental entities for compliance with the law or to investigate legal claims.  In the event of confirmed fraudulent activity, we may also exchange information with other companies and organizations for fraud protection.
  • Business Transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal data, in connection with a business deal (or potential business deal) such as a merger, consolidation, acquisition, reorganization, sale of assets or in the event of bankruptcy. 
  • Aggregated and Anonymized Data.  We may modify the personal data we collect and aggregate or anonymize it to analyze the use of our Services or applications that use our Services.  We may then share this de-identified data with third parties for our own business purposes.

Our Services

Our Services may be used to process personal data on behalf of you, our customer. We do not have any direct relationships with Users, to whom the data belongs. Users who would like to access, correct or delete personal data processed by us on behalf of a game publisher, advertiser or advertising agency may direct their questions to the applicable game publisher, advertiser or advertising agency.  We use and disclose this personal data as permitted by our customer agreements and as required by law.

Data Retention

We retain personal data we collect from you as needed to fulfill the purposes for which it was collected. We may retain your information as needed to provide you services, comply with our business requirements and legal obligations, resolve disputes and enforce our rights and agreements. When your personal data is no longer needed for the purposes for which it was collected and there is not a business or legal reason to retain your personal data, we will either delete or anonymize it or, if this is not possible (for example, because personal information has been stored in backup archives), then we will securely store personal information and isolate it from any further processing until deletion is possible.  To request the deletion of your personal data before the expiry of our retention period, please see the Contact Us section.

Security of Your Personal Information

The security of your personal data is important to us. When you enter sensitive information (such as credit card number) on our Services, we encrypt that information using secure socket layer technology (SSL).

We take appropriate measures to protect your personal data, including organizational, technical and physical precautions to help protect against  unauthorized access to, alteration of or destruction of your personal data. While we follow industry standards and best practices to protect your data, please be aware that despite our efforts, no security measures are impenetrable and no transmission of data over the internet or any public network can be guaranteed to be 100% secure.

If you use a password on the Services, you are responsible for keeping it confidential. Do not share it with any other person. If you believe your password has been misused, please notify us immediately.

Your Data Rights

We respect your control over your personal data and, upon request, we will confirm whether we hold or are processing data that we have collected from you. You also have the right to amend or update inaccurate or incomplete data, request deletion of your personal data, or request that we no longer use it. Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or fulfillment involves disproportionate cost or effort, but in any event we will respond to your request within a reasonable timeframe and provide you an explanation.

You can contact us as provided in the Contact Us section to exercise these rights.  You may also be able to take action yourself through the methods listed below.

  • View, update or delete your account information. If you use the Services or have an account through our Websites, you can view, update and delete certain information directly through your account.
  • Opt out of communications.  You can opt out of receiving future marketing communications from us by clicking the unsubscribe link within a marketing email, by responding to our emails with the subject line “Opt Out,” or by updating your profile settings.  Please note that you generally cannot opt out of service-related communications. 
  • Turn off cookies.  See our Cookie Policy and above to learn how to control browser based cookie controls.

International Data Transfers

We are a global company headquartered in the United States, with entities, operations and service providers around the world. We may transfer personal information to countries other than the country in which the data was originally collected. These countries may not have an adequacy decision by the European Commission and may not have the same data protection laws as the country in which you initially provided the information. We have put appropriate safeguards in place to ensure that your personal data receives an adequate level of security regardless of the country in which it is processed.  This includes entering into agreements with written assurances from our service providers, including, as required, standard contractual clauses for the transfer of personal data as approved by the European Commission and the British Information Commissioner’s Office. Depending on the particular circumstances of the transfer, we may use the GDPR Standard Contractual Clauses Controller – Controller, Controller – Processor, or Processor – Processor, and/or the UK Standard Contractual Clauses Controller-Controller or Controller – Processor.  Our standard contractual clauses can be provided upon request.

European Residents

If you are located in the European Economic Area, Switzerland, or United Kingdom, you have additional data privacy rights that include the right to:

  • Access, correct, update, or request deletion of your personal information;
  • Object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information;
  • Opt-out of marketing communications we send you at any time;
  • If we have collected and processed your personal information with your consent, withdraw your consent for processing.  Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent; and
  • Complain to a data protection authority about our collection and use of your personal information.

To exercise these rights, please contact us as provided in the Contact Us section below.

We also participate in the IAB Europe Transparency & Consent Framework and comply with its specifications and policies. Frameplay’s identification number within the framework is 970.

State Privacy Rights 

California and Virginia residents have certain rights under state privacy law with respect to personal data we collect.  If you are a resident of these states, this section contains disclosures required by law and explains rights that may be available to you.

California Notice and Disclosures

This California Privacy Notice applies to our processing of personal information that is subject to the California Consumer Privacy Act (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information we have collected about them and whether we have disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:

Category of Personal Information Collected by FrameplayCategory of Third Parties Information is Disclosed for a Business Purpose
Identifiers: a real name, alias, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers.AffiliatesService Providers
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
A name, employment, employment history, financial or banking information, signature.
AffiliatesService Providers
Commercial information: records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.AffiliatesService Providers
Employment Information: professional or employment information.AffiliatesService Providers
Geolocation Data: physical location.AffiliatesService Providers
Internet or other electronic network activity: browsing history, search history, information on a consumer’s interaction with an internet website, application, or advertisement.AffiliatesService Providers

The categories of sources from which we collect personal information and our business and commercial purposes for sharing and using personal information are set forth in the Personal Data We Collect and How We Collect It, How We Use Your Data and Legal Basis for Processing, and How We Share Your Data sections above, respectively.  Information on how long we retain your personal information is set forth in the Data Retention section above.

For purposes of the CCPA, we do not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.

Your Rights

If you are a California or Virginia resident, you may have additional rights under the CCPA, the California Privacy Rights Act (“CPRA”), or the Virginia Consumer Data Protection Act of 2021 (“VCDPA”) that include the right to:

  • Request access to and disclosure of the personal information we have collected, used, disclosed, shared and sold about you during the past 12 months;
  • Request correction or deletion of your personal information;
  • Opt out of the sale or sharing of your personal information or the processing of personal data for targeted advertising or profiling; 
  • Limit the use and disclosure of sensitive personal information we collect about you for purposes other than to provide goods or services you request or as otherwise permitted by law; and
  • Not be discriminated against for exercising one of your rights.

To exercise your rights, including opting out of the sale or sharing of your information, or limiting the use and disclosure of sensitive personal information, please contact us as provided in the Contact Us section.  

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us as set forth in the Contact Us below and provide written authorization signed by you and your designated agent.

In order to protect your personal data from unauthorized access or deletion, we may require you to provide additional information for verification. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include asking you to answer questions regarding your account and use of our Services. If we can’t verify your identity, we will not provide or delete your data.

You will not be discriminated against for exercising your privacy rights under the CCPA and CPRA. 

Children’s Data 

Our Services are intended for general audiences and are not directed to children (usually considered to be under 13 in the United States and 16 in the European Economic Area, depending on where you reside). We do not knowingly record or collect personal information from children in accordance with applicable legal and regulatory obligations, such as the Children’s Online Privacy Protection Act (“COPPA”) in the United States.

 A parent or guardian who becomes aware that his or her child has provided us with personal data may contact us and we will attempt to delete the child’s data as soon as possible.

Changes to This Policy

Frameplay may change this Policy from time to time. If we make any changes to this Policy, we will change the “Last Updated” date below and may notify you by email (sent to the e-mail address specified in your account). We encourage you to review this Policy whenever you visit the Services to understand how your personal data is used.

Contact Us

If you have any questions about this Policy, or to exercise any of your data privacy rights, please email us at privacy@frameplay.gg

You can also contact us at our mailing address below:

500-B Montgomery Street
San Francisco, CA 94111
USA
Attn: Data Privacy – Legal

Technology Privacy Policy

Frameplay Corporation and its affiliates (“we,” “us,” “our”) respects your privacy and is committed to protecting it. This Privacy Policy (“Policy”) describes how we collect, use and disclose personal data from individuals (“you,” “your”) who interact with games that use our online platform, the Frameplay SDK, and related software (collectively, the “Services”) and the choices you have related to this.   

Please review this Policy carefully to understand our practices regarding your personal data.  

NOTE: This Policy does not apply to (i) data collected about our customers (game publishers, advertisers and advertising agencies) or visitors to frameplay.gg and other websites managed by Frameplay (collectively, the “Websites”), (ii) data collected from our customers through our Services or (iii) data collected in the course of our sales and marketing activities, such as through email newsletters, online and in person events and other interactive features and communications.  That information can be found in our Corporate and Website Privacy Policy here.  

This Policy also does not apply to the collection, use and disclosure of personal data by our customers through their games, which is governed by their own privacy policies and practices. This Policy further does not apply to any third party websites, applications or business to which we link or who may link to us. You should review the privacy policies of those third parties to understand how they may collect and use your personal data.

About Us

Frameplay provides software and related services to mobile, PC, and console game publishers that enables game publishers to deliver intrinsic advertisements within their games.  These ads allow your favorite game titles to generate revenue without compromising the gaming experience.  Our platform also allows advertisers and advertising agencies to place ads within the games that use our software and related services based on the audience they are trying to reach.  In this Policy, we refer to game publishers, advertisers and advertising agencies collectively as our “customers.”

Personal Data We Collect and How We Collect It

When you play a game that uses our Services, our software automatically collects certain information about you and your device, which is sent to us by the game publisher using our Services. This information does not allow us to directly identify you (for example, we do not know your name or contact information), but it may be considered personal data under applicable data privacy laws.  We also may collect personal data about you provided to us by the game’s publisher if you have consented to sharing such information.   Please note that when we do not have a direct relationship with you, the game publisher will ask you to consent to allow our processing of your data and is responsible for applying with applicable laws and regulations to allow us to perform our Services.

Data We Automatically Collect  

When you interact with a game that uses our Services, we use the Frameplay SDK and other software to automatically collect the following types of personal data:

  • Device Data.  When you play a game that uses our Services we may collect certain pseudonymous data and information about your device automatically, such as your IP address, user agent, the platform type you are playing on (e.g., Xbox or Playstation), device model, mobile device ID, operating system, device language, cookie identifiers, connection type, ISP provider, unique identifiers, and location information (including approximate location derived from IP address).
  • Session Data. When you play a game that uses our Services we may collect certain information about your game session including a game ID, game build version, game session, a randomly generated unique session ID, session analytics (such as session start and end time) and session viewability data (anonymized measurement data taken from your in-game camera and in-game ad space positions that measures the viewability of an ad placed in the game, where the ad was seen, and at what time).
  • User Data.  When you play a game that uses our Services to provide for personalized advertising and you have consented to receive personalized advertising and for the game publisher to provide such data to us, we may collect demographic information about you passed to us by the game publisher through the Services, such as your sex and age. 

Cookies, Pixel Tags/Web Beacons, and Other Technologies 

We, as well as third parties that provide content, advertising, or other functionality on our Services may use cookies, pixel tags/web beacons, and other technologies that automatically collect information when you play a game using our Services.

  • Cookies.  Our Services may use cookies, which are small text files that are intended to make the Services more effective and limit the number of times you see a specific ad. In general, cookies are used to retain preferences, store information for things like shopping carts, and provide tracking data to third-party applications like Google Analytics. You may, however, disable cookies. The most effective way to do this is to disable cookies in your browser. We suggest consulting the help section of your browser or doing your own web research on how to disable cookies.

    Please note that linked third-party websites may also use cookies. We cannot control the use of cookies by these third-party websites. If you have any questions about how third-party websites use cookies, you should contact such third parties directly.
  • Pixel Tags/Web Beacons. We or our customers may also employ software technology known as “pixel tags” or “web beacons” (also known as “clear GIFs”).  Pixel tags or web beacons are small graphics with a unique identifier that are used to track the online movements of Internet users and are embedded in the web pages you review, so they are not stored on your hard drive. We or our advertiser customers use pixel tags or web beacons to track how ads delivered by our Services perform by measuring your interaction with ads in a game, as well as how you use other websites and applications over time.  Our advertiser customers also use this information to show you ads they believe will be relevant to you using our Services and elsewhere.  
  • Other Technologies. The Services use third-party analysis and tracking services, such as Google Analytics, to track the performance of our Services and offer you an improved and safer experience.  Additionally, we may use other technologies to collect personal data in order to assist with the delivery of ads, to provide reporting to our customers and to measure interactions with ads and advertising effectiveness.

Information Collected from Other Sources

We may obtain personal data about you from other sources, such as third party advertising platforms, consumer data vendors, and partners that separately collect and use personal data to enable our and their customers to deliver targeted advertising using the Services.  As an example, we work with third-party advertising companies that use information about your visits to various websites or applications across multiple devices in order to provide you with content and ads of interest across devices that they think are associated with you or your household. We may then use this third party data in combination with data we collect through our Services to deliver you targeted ads within a game.

How We Use Your Data and Legal Basis for Processing

The specific purposes of which we use the data we collect about you are listed below.  In some jurisdictions, including those subject to the EU General Data Protection Regulation (“GDPR”) or UK General Data Protection Regulation (“UK GDPR”) we may only process your personal data when we have a legal basis to do so.  Our legal basis for processing your personal data is listed with each purpose for processing below.

We may use the information we collect from you in the following ways:

  • To provide and support the Services to our customers.  We use your personal data to provide our Services, including to enable our customers to offer and buy in-game ads. 

    Legal Basis for Processing: We have a legitimate interest in processing your personal data to provide the Services.  We also may rely on your consent to collect, use, and share information with us.
  • To personalize the ads you receive through the Services. We use your personal data to increase advertising relevancy and effectiveness and deliver targeted ads that our customers believe will be of interest to you. 

    Legal Basis for Processing:  We rely on your consent to collect, use and share information with us to deliver targeted advertising. We also have a legitimate interest in processing your personal data to improve your in-game advertising experience.
  • To report on, analyze and measure ad campaigns delivered through the Services.  We may use your personal data to validate that an ad was shown to you; to keep track of how many times an ad was shown, where and when; and to analyze, measure and report on ad performance (such as whether an ad viewer went to a customer’s website, downloaded an app, or purchased a product after an ad was shown).

    Legal Basis for Processing:  We rely on your consent to collect, use and share information with us. We also have a legitimate interest in processing your personal data to analyze the performance of ads delivered through the Services.
  • To analyze the performance of our Services and for use in product development.  We may remove personal identifiers from data containing personal information so that it cannot be traced back to an individual and aggregate it by combining it with the data from multiple sources and/or individuals.  We may use this data to understand the performance of the Services and understand feature adoption and feature gaps, make product depreciation decisions and make product development decisions.  When doing so, we will remove all personal data.

    Legal Basis for Processing: We have a legitimate interest in creating anonymized data so that we can use that data to improve the Services.
  • For security, compliance, fraud prevention and safety. We may use your personal data as we believe appropriate to investigate or prevent violation of the law or our Terms of Service, to secure the Services, to protect our, your or others’ rights privacy, safety or property, to detect invalid ad traffic, and to protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.  We may also use the information we collect about your device to detect violations of our contracts or Terms of Service and prevent further violations.

    Legal Basis for Processing: We have a legitimate interest in protecting ourselves and our customers against unauthorized use of the Services and to ensure the security of the data processed within them. 
  • For compliance with law or to investigate legal claims.  We may use your personal data to comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities.  We may also use your personal data where permitted by law in connection with any legal investigation and to prosecute or defend legal claims.

    Legal Basis for Processing: In rare circumstances, we may rely on compliance with a legal obligation or protection of vital interests in the event of a legal investigation or request from a law enforcement or government agency.  As a global company, there are a wide variety of laws that might compel processing of your data on this basis, but they may include the following types of laws: civil and commercial laws, criminal laws, consumer laws, and corporate and taxation laws.
  • With your consent.  In some cases, we may ask for your consent to collect, use or share personal data in ways we have not described here. When we do that, we will always record your consent and you may change your mind and opt out by contacting us via the methods listed in the Contact Us section.

How We Share Your Data

We share your personal data only in ways described in this policy.  We may share your personal data as follows:

  • Affiliates.  We may share your personal data with our subsidiaries, joint ventures, or other companies under common control, in which case we will require those entities to follow this Policy.  As a global company, we have employees employed by subsidiary companies across the world.  We may share any of the data listed above with any of these affiliated companies.
  • Customers and Customer Vendors. We may share your personal data with our customers when necessary to provide our Services to them.  Our customers and our customers’ vendors who use our Services may use their own tags, pixels, cookies, or other similar technology (or those of their other affiliates) within ads. We are not responsible for our customers’ and/or our customers’ vendors’ use of such tracking technologies or for their privacy practices.
  • Third Party Vendors and Service Providers. We have third party agents and service providers that perform functions on our or our customers’ behalf. These entities may have access to your personal data to the extent needed to perform their services.  All such third parties are contractually obligated to maintain the confidentiality and security of your personal data, and are restricted from using your personal data other than to provide their services.  Examples include: analyzing data, reporting, ad impression validation, fraud and invalid traffic detection, data enrichment for ad targeting, brand attribution studies, hosting or providing data, auditing, engaging technical support for our Services, and performing analysis related to our Services.
  • Partners.  We may share personal data with partners, including third party advertising platforms. These partners use the information we provide to provide services to us and our customers.
  • Law Enforcement, Government Agencies and Other Companies and Organizations. In rare circumstances, we may share your personal data with law enforcement or governmental entities for compliance with the law or to investigate legal claims.  In the event of confirmed fraudulent activity, we may also exchange information with other companies and organizations for fraud protection.
  • Business Transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal data, in connection with a business deal (or potential business deal) such as a merger, consolidation, acquisition, reorganization, sale of assets or in the event of bankruptcy. 
  • Aggregated and Anonymized Data.  We may modify the personal data we collect and aggregate or anonymize it to analyze the use of our Services or applications that use our Services.  We may then share this de-identified data with third parties for our own business purposes.

Data Retention

We retain personal data we collect from you as needed to fulfill the purposes for which it was collected. We may retain your information as needed to provide you services, comply with our business requirements and legal obligations, resolve disputes and enforce our rights and agreements. When your personal data is no longer needed for the purposes for which it was collected and there is not a business or legal reason to retain your personal data, we will either delete or anonymize it or, if this is not possible (for example, because personal information has been stored in backup archives), then we will securely store personal information and isolate it from any further processing until deletion is possible.  To request the deletion of your personal data before the expiry of our retention period, please see the Contact Us section.

Security of Your Personal Information

We take appropriate measures to protect your personal data, including organizational, technical and physical precautions to help protect against  unauthorized access to, alteration of or destruction of your personal data. While we follow industry standards and best practices to protect your data, please be aware that despite our efforts, no security measures are impenetrable and no transmission of data over the internet or any public network can be guaranteed to be 100% secure.

Your Data Rights

We respect your control over your personal data and, upon request, we will confirm whether we hold or are processing data that we have collected from you. You also have the right to amend or update inaccurate or incomplete data, request deletion of your personal data, or request that we no longer use it. Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or fulfillment involves disproportionate cost or effort, but in any event we will respond to your request within a reasonable timeframe and provide you an explanation.

You can contact us as provided in the Contact Us section to exercise these rights.

International Data Transfers

We are a global company headquartered in the United States, with entities, operations and service providers around the world. We may transfer personal information to countries other than the country in which the data was originally collected. These countries may not have an adequacy decision by the European Commission and may not have the same data protection laws as the country in which you initially provided the information. We have put appropriate safeguards in place to ensure that your personal data receives an adequate level of security regardless of the country in which it is processed.  This includes entering into agreements with written assurances from our service providers, including, as required, standard contractual clauses for the transfer of personal data as approved by the European Commission and the British Information Commissioner’s Office. Depending on the particular circumstances of the transfer, we may use the GDPR Standard Contractual Clauses Controller – Controller, Controller – Processor, or Processor – Processor, and/or the UK Standard Contractual Clauses Controller-Controller or Controller – Processor.  Our standard contractual clauses can be provided upon request.

European Residents

If you are located in the European Economic Area, Switzerland, or United Kingdom, you have additional data privacy rights that include the right to:

  • Access, correct, update, or request deletion of your personal information;
  • Object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information;
  • If we have collected and processed your personal information with your consent, withdraw your consent for processing.  Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent; and
  • Complain to a data protection authority about our collection and use of your personal information.

To exercise these rights, please contact us as provided in the Contact Us section below.

We also participate in the IAB Europe Transparency & Consent Framework and comply with its specifications and policies. Frameplay’s identification number within the framework is 970.

State Privacy Rights 

California and Virginia residents have certain rights under state privacy law with respect to personal data we collect.  If you are a resident of these states, this section contains disclosures required by law and explains rights that may be available to you.

California Notice and Disclosures

This California Privacy Notice applies to our processing of personal information that is subject to the California Consumer Privacy Act (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information we have collected about them and whether we have sold, shared or disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:

Category of Personal Information Collected by FrameplayCategory of Third Parties Information is Disclosed for a Business PurposeCategory of Third Parties to Which Information is Shared or Sold
Identifiers: a real name, alias, unique personal identifier, online identifie, Internet Protocol address, email address, or other similar identifiers.AffiliatesCustomersThird Party VendorsService ProvidersAffiliatesCustomersThird Party VendorsService Providers
Protected classification characteristics under California or federal law: such as age (40 years or older), race, color, national origin, marital status, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status.AffiliatesCustomersService ProvidersAffiliatesCustomersService Providers
Commercial information: records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.AffiliatesCustomersService ProvidersN/A
Employment Information: professional or employment information.AffiliatesService ProvidersN/A
Geolocation Data: physical location.AffiliatesService ProvidersAffiliatesThird Party VendorsService Providers
Internet or other electronic network activity: browsing history, search history, information on a consumer’s interaction with an internet website, application, or advertisement.AffiliatesCustomersService ProvidersAffiliatesCustomersThird Party VendorsService Providers
Inferences drawn from other personal information to create a profile about a consumer: profile reflecting a consumer’s preferences, characteristics, psychological trends, predispositions, behavior, and attitudes.AffiliatesCustomersService ProvidersAffiliatesCustomersThird Party VendorsService Providers

The categories of sources from which we collect personal information and our business and commercial purposes for sharing and using personal information are set forth in the Personal Data We Collect and How We Collect It, How We Use Your Data and Legal Basis for Processing, and How We Share Your Data sections above, respectively.  Information on how long we retain your personal information is set forth in the Data Retention section above.

We do not “sell” personal information as the term is commonly understood, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.  We do share information for the purposes of cross-context behavioral advertising, including delivering personalized ads as explained above.  You have the right to opt out of the sale or sharing of your personal information by contacting us as set forth in the Contact Us section below.

Your Rights

If you are a California or Virginia resident, you may have additional rights under the CCPA, the California Privacy Rights Act (“CPRA”), or the Virginia Consumer Data Protection Act of 2021 (“VCDPA”) that include the right to:

  • Request access to and disclosure of the personal information we have collected, used, disclosed, shared and sold about you during the past 12 months;
  • Request correction or deletion of your personal information;
  • Opt out of the sale or sharing of your personal information or the processing of personal data for targeted advertising or profiling; 
  • Limit the use and disclosure of sensitive personal information we collect about you for purposes other than to provide goods or services you request or as otherwise permitted by law; and
  • Not be discriminated against for exercising one of your rights.

To exercise your rights, including opting out of the sale or sharing of your information, or limiting the use and disclosure of sensitive personal information, please contact us as provided in the Contact Us section.  

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us as set forth in the Contact Us below and provide written authorization signed by you and your designated agent.

In order to protect your personal data from unauthorized access or deletion, we may require you to provide additional information for verification. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. If we can’t verify your identity, we will not provide or delete your data.

You will not be discriminated against for exercising your privacy rights under the CCPA and CPRA. 

Children’s Data 

Our Services are intended for general audiences and are not directed to children (usually considered to be under 13 in the United States and 16 in the European Economic Area, depending on where you reside). We do not knowingly record or collect personal information from children in accordance with applicable legal and regulatory obligations, such as the Children’s Online Privacy Protection Act (“COPPA”) in the United States.

A parent or guardian who becomes aware that his or her child has provided us with personal data may contact us and we will attempt to delete the child’s data as soon as possible.

Changes to This Policy

Frameplay may change this Policy from time to time. If we make any changes to this Policy, we will change the “Last Updated” date below. We encourage you to review this Policy frequently to understand how your personal data is used.

Contact Us

If you have any questions about this Policy, or to exercise any of your data privacy rights, please email us at privacy@frameplay.gg

You can also contact us at our mailing address below:

Frameplay Corporation
500-B Montgomery Street
San Francisco, CA 94111
USA
Attn: Data Privacy – Legal

Do Not Sell or Share My Personal Information or Limit Use of Sensitive Information

As explained in our Technology Privacy Policy, Frameplay’s disclosure and use of personal information may constitute “sharing” of personal information.  Furthermore, to the extent our use of your personal information constitutes a “sale” of personal information, you may opt out of the sharing or sale of your personal information by contacting us using either of the methods below:

  • Email us at privacy@frameplay.gg 
  • Contact us at our mailing address:

    Frameplay Corporation
    500-B Montgomery Street
    San Francisco, CA 94111
    USA
    Attn: Data Privacy – Legal

You may also use either contact method above to instruct us to limit the use and disclosure of any sensitive personal information we collect about you.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please provide written authorization signed by you and your designated agent.

In order to protect your personal data from unauthorized access or deletion, we may require you to provide additional information for verification. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

You will not be discriminated against for exercising your privacy rights.

Cookie Policy

Our Services use cookies, which are small text files that are intended to make the Services better for you to use. In general, cookies are used to retain preferences, store information for things like shopping carts, and provide tracking data to third-party applications like Google Analytics. You may, however, disable cookies on the Services. The most effective way to do this is to disable cookies in your browser. We suggest consulting the help section of your browser or doing your own web research on how to disable cookies.

Please note that linked third-party websites may also use cookies. We cannot control the use of cookies by these third-party websites. For example, when you link from our website or app to a third-party website, that website may have the ability to recognize that you have come from Frameplay by using cookies. If you have any questions about how third-party websites use cookies, you should contact such third parties directly.

We may also employ software technology known as “web beacons” or “clear GIFs,” which helps us keep track of what content on our service is effective. Web beacons are small graphics with a unique identifier that are used to track the online movements of Internet users. Web beacons are embedded in the web pages you review, so they are not stored on your hard drive. The web beacons we may use will not track or collect any personally identifiable information about you and they are in no way linked to your personally identifiable information.

The Services also use third-party analysis and tracking services to track the performance of our services, understand how you use our services, and offer you an improved and safer experience.

Information on your usage of our Services may be collected and processed by Frameplay Corporation or a third party engaged by Frameplay using a unique identification number assigned to you. Such usage information will be deleted as soon as this information is no longer required for the purpose collected, and will not be shared with third parties until after being anonymized.

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