LCG ENTERTAINMENT, Inc.
Privacy Policy
LCG ENTERTAINMENT, INC.
PRIVACY POLICY
Please note that our Privacy Policy has changed, effective March 15, 2022.
LCG Entertainment, Inc. is the owner and operator of the Telltale brand of video games (“LCG/Telltale”), and we take our obligations regarding your data and privacy seriously.
LCG/Telltale adheres to the Privacy Shield Principles as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
So that you can clearly understand what information we gather, how and where we obtain it, and what we do with it, this Privacy Policy is organized as follows:
OUR SITES, PRODUCTS, AND SERVICES
WHAT IS PERSONAL INFORMATION?
THE SAFETY OF CHILDREN ONLINE
WHAT INFORMATION WE COLLECT, WHY, AND HOW WE USE IT
OUR USE OF COOKIES AND SIMILAR TECHNOLOGY
WHOM WE SHARE YOUR INFORMATION WITH AND WHY?
DATA RETENTION AND SECURITY
WHAT WE DO IN THE EVENT OF A DATA BREACH
HOW YOU CAN HELP KEEP YOUR INFORMATION SECURE
YOUR RIGHT TO CONTROL THE USE AND STORAGE OF YOUR INFORMATION
CHANGES TO OUR PRIVACY POLICY
COMPLIANCE WITH LAWS AROUND THE WORLD
ARBITRATION
HOW TO CONTACT US
OUR SITES, PRODUCTS, AND SERVICES
We refer to our websites (e.g., www.telltale.com), blogs, and the online forums we operate as our “Sites”. The games, products, promotions, and services we offer, for example our Telltale video games and mobile video games, are referred to as our “Services” or “Software”. Our Sites, Services, and Software may collect information from you, including your personal information, in the manner and means described below.
This Privacy Policy applies only to our Sites, Services, and Software that link to this Privacy Policy, including our company Sites www.Telltale.com and www.Telltalegames.com. If we change this Privacy Policy, your continued use or access of the Sites constitutes acceptance of such change. BY USING ANY OF OUR SITES, SERVICES, OR SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE, PLEASE DO NOT USE OUR SITES, SERVICES, OR SOFTWARE AS EACH IS DEFINED IN THIS PRIVACY POLICY.
WHAT IS PERSONAL INFORMATION?
Personal information is defined individually by government entitles around the world. We consider personal information to be any data that can be used to identify you, for example: your name, identification numbers (such as social security number, employee number, and driver’s license number), your location data, online identifiers (such as your IP addresses, geographic location data and coordinates, and log-on IDs), and any information relating to your physical, physiological, genetic, mental, economic, cultural, or social identity. The personal information we collect is explained below, as well as why we collect it and what we use it for, and you have the right to request this information from us and to request that we remove it from our servers and systems.
If you would like us not to collect or use your personal information, or if you would like us to correct your personal information, please contact us at privacy@Telltalegames.com and we will endeavor to remove or correct this information as quickly as possible.
THE SAFETY OF CHILDREN ONLINE
We recognize the importance of protecting children’s privacy online, and we are committed to complying fully with the Children’s Online Privacy Protection Act (COPPA) in the United States and similar statutes around the world. We encourage parents and guardians to discuss with their children what information should be released on the Internet, especially personal information.
Although countries may apply different minimum age guidelines when determining the age at which children can access online content, our Sites, Services, and Software are not intended for children under the age of 13. Within the United States, we do not knowingly collect personally identifiable information from children under the age of 13. Outside of the United States, we do not knowingly collect personally identifiable information from anyone under the relevant age threshold applicable to the country or jurisdiction where a user may reside. In some geographical areas, our Sites or Services may not be accessible to anyone under the age of 18, regardless of whether a parent or guardian has provided consent
If you are under the age of 13, we request that you do not submit any personal information to us. If we later learn that we have inadvertently gathered personal information from a child under the age of 13, regardless of where that child resides, we will remove this information from our records as quickly as possible.
If you believe we might have any information from or about a child under 13, please contact us immediately at privacy@Telltalegames.com(or contact us at the physical address provided at the end of this Privacy Policy) and we will promptly take the necessary steps to remove all such information.
WHAT INFORMATION WE COLLECT, WHY, AND HOW WE USE IT
Depending on how you use our Sites, Services, and Software (including the games and applications you access), we may collect a variety of information and data:
Sites, Services, Software. When you log into our Sites or Services, or install our Software, we may request your email address, username, password, security information, and information to help us in the event we need to contact you, such as your name and telephone number, forum name, third party ID (such as your Steam ID, Xbox Live ID, and PlayStation Network ID) billing information, payment account details, and the shipping address. We use this information to contact you to fulfill your requests, when we introduce new game features or products, to let you know if a problem has been discovered or corrected, and to provide you with news and information that you request from us. Generally, you may access our Sites without providing personal information, although you may be required to provide personal information to access our Software or certain Services so that we can ensure that only authorized users are accessing these products.
Additionally, at your own discretion, and once you meet certain eligibility requirements, you may choose to post or upload additional facts and material about yourself and your profile, including a biography, birth date, a profile picture, your location, your interests, or your occupation. Postings made on our forums are governed by our Terms of Service and this Privacy Policy. To learn more about how you can protect the information you share in our forums, please review the Section HOW YOU CAN HELP KEEP YOUR INFORMATION SECURE.
Purchases through Third-Party Services and Distributors. When you use third-party services to purchase our Software and Services, for example, Value’s Steam, Sony (PlayStation platforms and services), Microsoft (Xbox and Windows platforms and services), Google (Stadia platform and service), Epic (Epic Games platform and services) and similar distribution services, we may obtain your name, email address, online ID, country, state or province, language, date of birth, and other social information you provide to them. We use this information to help verify your purchase, to notify you of recent updates and products, and to assist our customer support services, including identifying and resolving general issues and problems experienced by you and other Sites, Services, and Software users. When we receive this information, we will obtain, store, and remove it in accordance with this Privacy Policy and the laws of the United States and the European Union. We do not receive your credit card number or other financial information from these services.
Purchases Directly from Us. If you purchase Software or Services directly from us, we may collect your billing information, including your name, address, telephone number, payment card number, and payment account details. We use this information to verify your purchase, fulfill orders, to notify you of recent updates and products you might enjoy, and to assist our customer support services, including identifying and resolving general issues and problems experienced by you and other users. When we receive this information, we will obtain, store, and remove it in accordance with this Privacy Policy. By purchasing directly from us, you are authorizing us to collect, store, and use this information in accordance with this Privacy Policy to verify your purchase, provide you with refunds, and to identify purchasing trends on an aggregate basis.
Information You Provide Online. When you connect to our Sites, Services, or Software through a third party, we may collect information about you from these third parties, depending on the third party’s terms of service and the privacy settings you have specified. For example, if you access our Software through Value’s Steam, Sony PlayStation’s platforms and services, Microsoft’s Xbox and Windows platforms and services), Google’s Stadia platform and service, Epic Games platform and services, or other third-party platform or service, we may obtain certain personal information, for example, your full name, profile picture, user ID, login, email address, physical location, gender, birthday, groups and affiliations, and forum posts. We collect this information to identify where our users are coming from and how they found us. We also use this information to identify trends and interests, which helps us to build better products. If you do not want us collecting or using this information, you can often disable this feature through the settings on the sites and service you are using. If we have collected this information and you do not want us to use it or store it, please let us know and we will take steps to ensure it is removed from our servers.
Connecting to our Sites Directly. When you connect to our Sites directly from your Internet browser, we may collect your Internet IP address, type of browser, and the operating system you used. Our Sites use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses “Cookies” (which are explained in more detail later this Privacy Policy. We may also collect the date and time you accessed our Sites and the pages you visited, along with the search terms you used to find us. We collect this information in aggregate to get a better idea of how our users are finding us and what search criteria they are using. By using our Sites, Services, and Software, you are authorizing us to collect, store, and use this information in accordance with this Privacy Policy.
Connecting to Us Through Your Mobile Device. If you use our Sites, Services, and Software from a mobile phone or device, we may collect information from that device, including your device type, unique identifier, and other data you chose to provide or share in accordance with your wireless provider’s terms of use. For example, a push notification from us may appear on your phone in the form of a pop-up message. We may also send push notifications and other information about our Services or Software to your mobile device. You can manage your mobile device push notifications through your device settings and/or through other options your wireless device provider may provide. If you do not want us to send you push notifications or other information in this manner, you may disable them through the settings on your phone. By using our Sites, Services, and Software, you are authorizing us to collect, store, and use your mobile device information in accordance with this Privacy Policy. If we send you push notifications and you do not want to receive them, please let us know immediately and we will take steps to ensure your information is removed from our servers and push notification
Information You Provide Through Feedback. Our Sites, Services, and Software may provide you the ability to submit feedback to us, including comments, suggestions, and bugs you discover in our Software and Services. When you submit this information to us, we may collect your name or username and email address to follow up with you or thank you for your suggestion. By using our Sites, Services, and Software, you are authorizing us to collect, store, and use your feedback information in accordance with this Privacy Policy and the laws of the United States and the European Union. If we send you a follow up email or notify you in any other way, and you do not want to receive this notification, please let us know immediately by contacting us at privacy@Telltalegames.comand we will take steps to ensure it is removed from our servers and notification services.
Using Automated Collection Tools. Our Sites, Services, and Software may employ server log files and automated data collection tools, including cookies, tags, and scripts (including Google Analytics and similar services). These tools may track and collect certain information your browser sends in response, including your IP address, browser type, entrance and exit pages, URLs, platform type, duration on a page, clickstream data, pages viewed, date and time, and other information. When you access our Sites, Services, and Software through sites and services that allow us to collect such information, we may collect and associate this information with you. We use this information to identify trends, troubleshoot our games and services, and to better understand who is using our products, which helps us to identify errors and to design new products and services. By using our Sites, Services, and Software, you are authorizing us to collect, store, and use this information in accordance with this Privacy Policy.
Information We Obtain For Specific Purposes. Occasionally, we may request information from you on a product order form, through promotions and contests, and through other online transaction forms. These requests may ask you to provide contact information (such as your name and mailing or shipping address) and, in some cases, payment information (such as credit card number and credit card expiration date). We use this information to verify orders and to make sure that the individuals participating in our contests and promotions are eligible. By using our Sites, Services, and Software, you are authorizing us to collect, store, and use this information in accordance with this Privacy Policy.
Information We Obtain from Social Media. Our Sites, Services, and Software may include social media functions and features, for example, a Facebook “Like” button or Twitter “Share” feature. Through this functionality, we may collect your IP address, and the page you are visiting on our Sites or in our Services. In some cases, we may set a cookie (see definition of “cookies” below). These social media functions are often hosted by third parties, and in these cases, or in the case we provide a link to such services and functions, your interactions, and the privacy of the information you provide is subject to and governed by the privacy policy of the company providing it.
Surveys and Contests. When we conduct surveys or initiate contests, sweepstakes, or other programs, we may ask for your country, date of birth, telephone number, and other information to verify who you are and how to contact you. By entering our contests and surveys, you are authorizing us to collect, store, and use your mobile device information in accordance with this Privacy Policy.
Geographic and Telemetry Data. Our Services and Software may employ tracking technologies, such as pixel tags, web beacons, and programming codes. These technologies may enable us and our partners to derive your physical location based on your IP address, which is used to verify and authenticate users and to identify abuse. By using our Sites, Services, and Software, you are authorizing us to collect, store, and use this information in accordance with this Privacy Policy.
Targeted Advertising and Ad Serving Technologies. We do not use your personal information to send you targeted advertising, nor do we employ ad serving services or technology, however we reserve the right to do so, provided that such uses conform with the laws of the United States and Europe regarding such matters.
Direct Advertising. Please note that will always ask for your consent before sending you direct advertising, for example if you want to send you an incentive offer by email. If for any reason you receive a direct advertisement from us and believe you did not consent to it, please contact us at privacy@Telltalegames.com and we will ensure that your name and email address is removed from any future direct ad. You may also review the section below, YOUR RIGHT TO CONTROL OUR USE AND STORAGE OF THE INFORMATION, to better understand your rights and our duties regarding direct advertising.
OUR USE OF COOKIES AND SIMILAR TECHNOLOGY
A “cookie” is small text file that may be stored on your computer or mobile device for record-keeping purposes. Your web browser allows you to control and limit cookies on your computer. Cookies allow us to see what you may have purchased from our Site or through our Services and Software. We collect information on our online games you have played, and we also track your play within an online game (including online games you may have purchased from a third-party website) and, if available, purchases that you may make within an online game. We may send you notifications based on information we learn from cookies, including notifications related to purchasing additional games or products from us. Specifically, we may use cookies in the following ways:
We may use session cookies to make it easier for you to navigate our Sites and certain online Services. A session ID cookie expires when you close your browser. If you disable session cookies, many of the services and products we offer will not operate correctly.
In some cases, we use persistent cookies to enable us to track and target our Sites visitors’ interests and to enhance their overall experience. If you check “remember me on this computer” when logging on our Sites, we may set a persistent cookie to store your username and password so that you do not have to enter it more than once. A persistent cookie is removed when you uncheck the check box.
We may use tracking pixels or clear GIFs to collect information about your use of our Sites, Services, and Software.
We may also use Analytics, Advertising, Anti-Cheat, and Anti-Fraud technologies, and Internet log files to managing traffic on our Sites and Services, to detect and solve technical problems, and to detect and prevent fraud. Analytics, Advertising, Anti-Cheat, and Anti-Fraud technologies may employ cookies to accomplish provide the data these technologies require. We currently do not respond to Do Not Track (DNT) signals. You may opt out of certain types of tracking on the web, including certain analytics and tailored advertising by changing the cookie settings in your browser or via our consent tools.
The information collected from Google Analytics cookies is stored on Google Servers and can be accessed by us. Google may also transfer this information to third parties when required to do so by law, or when such third parties process the information on Google’s behalf.
Additionally, our third-party business partners and affiliates may employ cookies, although we have no control over this use or practice, nor do we have access or control over these cookies. This privacy policy only covers the use of cookies by us and does not cover the use of cookies by our advertisers or our third-party business partners and affiliates.
Finally, please note that you can disable cookies, limit the types of cookies you allow, or set your browser to alert you when cookies are being sent. Please refer to your individual web browser settings if need help in managing your cookie preferences. By limiting your cookies, your use of certain Sites and Services features may be limited or unavailable.
WHOM WE SHARE YOUR INFORMATION WITH AND WHY?
We do not sell your Information. Neither we nor our third-party business partners or affiliates or developers intend to sell, share, or rent information obtained from our Sites, Services, and Software, other than as discussed in this Privacy Policy.
Merger or Acquisition. While LCG/Telltale does not sell, rent, or otherwise disclose personal information collected from and about its users to third parties, except as specifically stated in this Privacy Policy, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, LCG/Telltale’s customer information (including your personally identifiable information) may be transferred to LCG/Telltale’s successors or assigns, if permitted by and done in accordance with applicable law.
Sharing Your Information with Law Enforcement. We may release information concerning your use of our Sites, Services, and Software (including, but not limited to, posted public postings, registration information, network records, and geographic and tracking data) when we believe in good faith that such release is appropriate; to comply with the law (for example, pursuant to a statutory demand, subpoena, warrant, or court order); to protect against fraudulent, abusive, or unlawful use of our Sites, Services, and Software, and to protect our rights and property (including the rights and property of our third-party business partners and affiliates); to enforce any contract between you and us, including with our third-party business partners and affiliates; and if we reasonably believe that a situation involving danger of death or injury to any person requires disclosure.
Sharing Your Information with Advertising Partners. We may allow third-party partners to set technologies and other tracking tools to collect information regarding your use of our Sites, Services, and Software, including your IP address, mobile identifiers, the pages you have visited, your location, browser information, the activities you engaged in on our Sites or through our Services, and when you visited. We or our advertising partners may also combine and share such information in an aggregate form. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third-party websites within their networks. Since the information is collected in aggregate, the statistics are generated anonymously. These statistics help us in connection with marketing and demographic studies as we enhance our Sites. LCG/Telltale does not normally link IP addresses to anything personally identifiable, which means that a user’s session will be logged but the user remains anonymous to us. LCG/Telltale can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our Terms of Service and this Privacy Policy or to protect our Services, Sites or a person or entity. If you prefer that we not share your personal information with third-party advertising partners, you may contact us at privacy@Telltalegames.com.
Sharing Your Information with Other Third Parties for Email Purposes. We may share or use third party services for email processing, including for example: MailChimp and SparkPost. When we do, we will ensure that these services are compliant with the terms of this Privacy Policy and all applicable laws.
DATA RETENTION AND SECURITY
LCG/Telltale has security measures in place to protect and prevent the loss, misuse, and alteration of the information under our control. LCG/Telltale uses industry standard efforts to safeguard the confidentiality of your personal identifiable information such as firewalls and encryption. While “perfect security” does not exist on the Internet, our technical experts at LCG/Telltale work hard to ensure your secure use of our services.
Storage. We store your information within the United States of America. We take prudent security measures to protect you and the information we collect from unauthorized access, alteration, disclosure, and destruction. These measures include encrypting your information on our servers, keeping your sensitive information on a secured server behind a firewall, transmitting sensitive information (such as a credit card number) entered on our site or mobile application using secure socket layer technology (SSL), periodic reviews of our data collection practices and platforms, and physical security measures that guard against unauthorized access to systems where we store your information.
Retention. We will keep your information only for as long as reasonably necessary, including while your account is active or the information and for so long as it may be required to fulfill our legal obligations. If you would like us to delete your account or request that we no longer use your information, please contact us at privacy@Telltalegames.com.
WHAT WE DO IN THE EVENT OF A DATA BREACH
In the event we suspect your data has been compromised, we will contact you within 72 hours of when we become aware of such an event. If you would like to verify that your information is secure, we will do our best to reply to such requests as soon as possible. Please contact us at privacy@Telltalegames.com.
HOW YOU CAN HELP KEEP YOUR INFORMATION SECURE
Please keep your passwords safe and secure. You may not disclose your password to any third parties or share it with any third parties. We also strongly urge you to periodically change your password to help reduce the risk of unauthorized access to your account information. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. If your password has been compromised for any reason, you should change it immediately. You may also contact us at privacy@Telltalegames.com for assistance.
Using our Blogs, Forums, and other Online Functions. Be aware of who you are communicating with and what information you provide to others. Our Sites, Services, and Software may allow you to contribute to blogs, forums, boards, to receive and participate in newsfeeds, to provide others with status updates and postings made by us and other Sites Services, and Software users, and to otherwise post, share, and contribute information publicly, whether through messages, invitations, chats, photos, wall posts, and other functions (“Public Postings”). Nothing requires you to disclose your identity to others through these public postings, and you should always keep in mind that these will be visible to anyone who has access to our Sites, Services, or Software. In certain instances, this same information may be visible through general Internet searches and other means of obtaining Internet information. For example, certain software tools and technology may allow non-affiliated third parties to copy, cut, and/or post your Public Postings to different locations (including to Sites that are not owned or operated by us). This may result in the unauthorized use of your Public Posting information and your unwanted disclosure of this same information to third-party Sites, for which we are not responsible, and in some cases, may subject you to liability for the disclosure, including, without limitation, for copyright infringement.
You should always exercise caution in all your Public Postings. We recommend that you do not provide or disclose any personal information when using our Sites, Services, and Software. If you choose to disclose your identity to third parties using any Sites, Services, or our Software, you do so at your own risk. Neither we nor our third-party business partners, affiliates, or developers are responsible for the privacy or security of any information, personal or otherwise, when you choose to communicate or exchange such information using the functionality of the Sites, Services, and Software to post publicly.
Linking to other Services. Be cautious of linking to other services. Our Sites, Services, and Software may contain links to other sites, but we are not responsible for the privacy practices of such other sites and services, and we encourage our users to be aware that when they leave our Sites, Services, and Software through these links, they should always read and understand the privacy policies of these sites, especially those that collect personally identifiable information.
YOUR RIGHT TO CONTROL THE USE AND STORAGE OF YOUR INFORMATION
Opting Out. Our Sites, Services, and Software may provide you the opportunity to opt-out of receiving information and solicitations from us even if you did not do so at the start of our services or software. Additionally, and at any time, you have the option of removing your name and e-mail address from any e-mail list we maintain to discontinue any such future communications. To ensure removal from any such list, please follow the specific instructions within the specific Sites, Service, or Software you are using. If such Sites, Service, or Software does not provide you such an option, or you are unsuccessful or otherwise have questions, concerns, or problems, please feel free to contact us at privacy@Telltalegames.com.
Making Changes to your Information. You can request that any inaccuracies about your personal information be corrected. You can also ask about whether and why we have your personal information; how we obtained it; what we have done with it; to whom we communicated your personal information; where it has been stored, processed, or transferred; how long we will retain it; and the safeguards in place to protect your personal information when transferred to third parties. You can also ask us not to collect or use your personal information for certain purposes. We will respond to your request without undue delay and within 30 days. LCG/Telltale reserves the right to take reasonable steps to verify customer identity prior to granting access or processing changes or corrections.
If you would like to change your personal information or remove it from our records, you have any of the following choices to modify or delete such information from our database: (1) Log in with your password and modify/delete your profile; (2) Send a letter to LCG/Telltale, 8605 Santa Monica Blvd #56565, West Hollywood, California 90069-4109 ; or (3) E-mail us at privacy@Telltalegames.com ( if you reside in the European Economic Area you may contact our Data Protection Officer via e-mail at dpo@Telltalegames.com )
Removing Your Information (Right to be Forgotten). You have the right to request we remove your personal information from our Services and servers. If this is your desire, please feel free to contact us at privacy@Telltalegames.com and we will endeavor to comply with your request as soon as practical and within 30 days. Please note that if you are still using our Services or Software, however, we may require your consent to retain and use such information to continue providing you these Services and Software.
CHANGES TO OUR PRIVACY POLICY
We may make changes to this Privacy Policy from time to time. In such cases, we will post these changes on our Sites. All modifications to this Privacy Policy become effective on the day they are posted unless stated otherwise and supersede all previous privacy policies. We recommend that you review this Privacy Policy regularly and print out a copy for your records.
COMPLIANCE WITH LAWS AROUND THE WORLD
The laws regarding data and information privacy are changing, and we will do our best to comply with the laws and regulations around the world where we collect and use your information:
US LAWS
The Federal Trade Commission Act (15 U.S.C. § 45), which regulates unfair or deceptive business practices and providing guidance on consumer privacy disclosures.
The Children’s Online Privacy Protection Act (COPPA). LCG/Telltale is committed to complying fully with the United States Children’s Online Privacy Protection Act, which regulates the online privacy of children under the age of 13.
The California Consumer Protection Action (CCPA) is a comprehensive data protection statute governing the personal information of California residents.
The California Online Privacy Protection Act (CalOPPA) regulates commercial website operators that collect California residents’ personal information.
Civil Code Section 1798.83 (“Shine the Light”) is a California law that requires businesses to provide customers with information regarding how their personal information is shared for marketing purposes.
California Residents. If you are a resident of California and want additional information confirming how we share your personally identifiable information with third parties for their direct marketing purposes, you may contact us at privacy@Telltalegames.com.
OUTSIDE THE US
The EU General Data Protection Regulations (GDPR), which among other requirements, requires prior user consent for certain data collection techniques (such as cookies), and the collection, storage, use, and removal of certain sensitive information.
PRIVACY SHIELD.
LCG/Telltale has certified that it adheres with the EU-US Privacy Shield Frameworks principles (see https://www.privacyshield.gov/) and the US Department of Commerce. The personal information we collect is stored in the United States of America. Processing of this information complies with the Privacy Policy Framework regarding the collection, use, and retention of personal information transferred from the European Union to the United States. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
Please note that LCG/Telltale’s is responsible for the processing of personal information we receive. Although we do not plan to transfer any such personal information to a third party, in the event we or our agent transfers your personal information to a third party, we will remain liable under the EU-US Privacy Shield Frameworks principles where such personal information is transferred in a manner inconsistent with the Privacy Shield principles, unless we prove that we are not responsible for the event giving rise to the damage.
In compliance with the EU-U.S. Privacy Shield Framework and / or the Swiss-U.S. Privacy Shield Framework, as set forth by the U.S. Department of Commerce Privacy Shield Principles, LCG/Telltale provides a dispute resolution mechanism through JAMS Alternative Dispute Resolution (ADR) for European Union, United Kingdom, and Swiss individual complaints.
If you are a European Union, United Kingdom, or Swiss individual and you believe you have a claim concerning the collection, use, and retention of your personal data by LCG/Telltale, please contact us at privacy@Telltalegames.com so that we can attempt to resolve your complaint in compliance with the mediation terms set forth in the Mediation section below. If we fail to satisfy your complaint after meaningful mediation, you may contact JAMS to begin the process of opening a Data Privacy case. Your case must address an alleged breach of one or more of the Privacy Shield Principles.
LCG/Telltale will comply with JAMS ADR procedures as set forth in the JAMS International Mediation Rules, available on the JAMS website at https://www.jamsadr.com/eu-us-privacy-shield. JAMS Mediation shall be conducted in English and take place in Santa Monica County, California before one mediator selected in accordance with such rules and procedures. All documents submitted to such mediation shall be in English. The dispute may also be referred to U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement powers over LCG/Telltale.
Please note that although LCG/Telltale adheres to the Privacy Shield Frameworks, on July 16, 2020, the European Court of Justice (ECJ) invalidated the EU-US Privacy Shield as an appropriate mechanism for meeting the GDPR’s cross-border personal data transfer restrictions. As a result, when LGC/Telltale transfers information from European (re. European Economic Area), the United Kingdom, and Switzerland, we rely on EU Standard Contractual clauses and other safeguards to enable transfers outside of these areas, which are in conformance with the July 16, 2020, Court of Justice of the European Union decision. LCG/Telltale will continue to evaluate European law regarding this decision.
MEDIATION AND ARBITRATION
Subject to any legal restrictions that may be applicable to residents located outside of the United States, all disputes or claims arising out of this Privacy Policy and/or your relationship with LCG/Telltale or the Sites, Services, or Software described herein shall be settled by binding arbitration in the state of California.
PLEASE NOTE THAT THIS MEANS THAT YOU ARE WAIVING YOUR RIGHT TO SUE LCG/TELLTALE IN COURT AND HAVE A JURY TRIAL.
Mediation. The parties agree that prior to arbitration, as set forth below, all disputes, claims or controversies arising out of or relating to this Agreement shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to the arbitration provisions below.
Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs.
All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
Arbitration. Subject to the Mediation provisions above, either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time following 45 days from the date of filing the written request for mediation, whichever occurs first (“Earliest Initiation Date”). The mediation may continue after the commencement of arbitration if the parties so desire.
At no time prior to the Earliest Initiation Date shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of the immediately preceding paragraph.
All applicable statutes of limitation and defenses based upon the passage of time shall be tolled until 15 days after the Earliest Initiation Date. The parties will take such action, if any, required to effectuate such tolling.
Any dispute, claim, or controversy arising out of or relating to this Agreement shall be determined by arbitration in Santa Monica, California, before one arbitrator.
This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules, except as otherwise noted herein.
Please note that under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
HOW TO CONTACT US
CONTACT US DIRECTLY. If you have questions at any time, please feel free to contact us at privacy@Telltalegames.com. For users who reside in the European Economic Area, you may contact our Data Protection Officer at dpo@Telltalegames.com. You can also contact us via postal mail at the following address:
Attention: Data Protection Officer
LCG Entertainment, Inc.
8605 Santa Monica Blvd #56565
West Hollywood, California 90069-4109