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Privacy Policy

PRIVACY POLICY (Last modified August 30, 2018)

Introduction and Acceptance

Welcome to the LAST YEAR THE NIGHTMARE website located at https://lastyearthegame.com (the “Website”) which includes all subdomains present and future. We hope you enjoy your visit and / or use of the Website.

By visiting and / or using the Website, you agree to be bound by the terms of the present Privacy Policy (the “Policy”). By submitting Personal Information (as that term is defined below) to us on or through the Website or via other means, you consent to Elastic Games’ collection, use and disclosure of such Personal Information as described in this Policy.

Who We Are

The Website is owned and operated by Elastic Games Inc. (“Elastic Games”), a Quebec corporation located at 5445 De Gaspé, 6th Floor, Unit 616, Montreal, Quebec, H2T 3B2, Canada. Where this Policy refers to “Elastic Games”, it may refer to Elastic Games Inc. and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in this Policy shall also refer to Elastic Games and / or the Representatives. In this Policy, a Website visitor or user may be referred to as “you” or “your”.

Contacting Us

If you have any questions about the Policy or if you wish to inquire about and / or access any Personal Information Elastic Games holds about you, please contact: [email protected]

or:
Elastic Games Privacy Officer
5445 De Gaspé, 6th Floor, Unit 616
Montréal, Québec
Canada
H2T 3B2

Our Respect for Your Privacy and Protection of Personal Information

Elastic Games takes your privacy and security of Personal Information very seriously. We have provided a secure environment and this strict Policy describes the limited ways the information is used and the limited access to such information.

What Does This Privacy Policy Cover?

This Policy covers the treatment of personally-identifiable information, i.e. any information that identifies an individual, or can be used in conjunction with other information to identify an individual (“Personal Information”), when you voluntarily submit this information and other information gathered by Elastic Games when you are using or accessing the Website. This Policy also covers Elastic Games’ treatment of any Personal Information that Elastic Games may share with its business partners or other third parties under very limited circumstances.

This Policy does not apply to the general practices and treatment of information (whether personal or not) by third parties that Elastic Games does not own or control, including but not limited to any third-party websites or services that you elect to access through the Website or via a link from the Website (“Third-Party Website”), or to individuals that Elastic Games does not manage or employ. While we attempt to facilitate access or link only to those Third-Party Websites that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third-Party Websites. We encourage you to carefully review the privacy policies of any Third-Party Website you access.

Finally, this Policy does not cover any Personal Information you send to Elastic Games via any non-secured mode of communications such as email, instant messenger, Facebook or Twitter, as communications via these methods may be subject to interception, loss, or alteration. While we welcome your comments and suggestions sent to us in this manner, and will treat any Personal Information received in this way according to this Policy, we encourage you to carefully consider what Personal Information you send to Elastic Games via these methods.

We Do Not Collect Your Personal Information Without Asking You

Elastic Games does not, as a matter of course, gather any of your Personal Information while you are visiting the Website, unless you are asked to provide such information, for example by signing up for the newsletter. Personal Information is only gathered with your informed consent. Where you have provided Personal Information, it will only be used for the stated purpose or use, as described in the next section of this Policy.

The Personal Information We Collect and What We Use It For

The following is an exhaustive list of Personal Information collected from you when you use the Website and what we use it for. You acknowledge that you are submitting this Personal Information with your informed consent.

• “Newsletter Signup Information”. You may sign up for our newsletter by submitting your email address. We only use this information to sign you up for, and to send you, the newsletter. For more information about how we treat your Newsletter Signup Information, please see the Email Communications section further in this Policy.

How We Protect Your Personal Information

Elastic Games uses only industry best practices (physical, electronic and procedural) in keeping any data collected (including Personal Information) secure. We have implemented very strict technical and organisational procedures for ensuring that, by default, only personal data which are necessary for each specific purpose are used by us. These procedures prevent your personal data from being lost; or used or accessed in any unauthorised way. In addition, Elastic Games uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website, and these third parties have been selected for their high standards of security, both electronic and physical. For example, Elastic Games uses GoDaddy, a recognized leader in secure data, for hosting of the Website. Please note that these third parties may not be located in your home jurisdiction – see the “Transfer of Personal Information Outside Your Home Jurisdiction” section further in this Policy for more information.

We Only Disclose Your Personal Information to Third Parties in Very Limited Circumstances

Except as provided in the next paragraph and the next section in this Policy on Email Communications, Elastic Games does not divulge any Personal Information gathered via the Website to third parties. Moreover, Elastic Games does not sell, rent, trade or license any Personal Information regarding its users to third parties. Only the Representatives and subcontractors of Elastic Games (or of Elastic Games’ affiliates’) are responsible for the management and development of the Website, and only these individuals have access to the information collected there. These Representatives and subcontractors all have been instructed to comply with the Policy or are under a contractual duty to do so.

Notwithstanding anything in the Policy to the contrary, we may share any information we have collected about you or that you have submitted: (1) in response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims or demands; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of the Terms of Use; (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Website infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the Website infrastructure or the Website generally); (4) to a parent company, subsidiaries, joint ventures, or other companies under common control with Elastic Games (in which case we will require such entities to honour this Policy); (5) if Elastic Games merges with another entity, is subject to a corporate reorganisation, or sells or transfers all or part of our business, assets, or shares (in which case we will require such entity to assume our obligations under this Policy, or take reasonable measures to inform you that you are covered by a new privacy policy).

Email Communications with You and Compliance with Anti-Spam Laws

Elastic Games currently uses MailChimp to send out and manage our newsletter. Personal Information is transferred to MailChimp in order for our email communications to function properly. Your Personal Information is only used for the proper sending out of the newsletter; MailChimp does not use this Personal Information for any other purpose and will not transfer or sell your Personal Information to any other third party.

You may unsubscribe from receiving emails from us at any time by following the link at the bottom of any email sent to you.

Elastic Games’ practices with regards to its email practices are designed to be compliant with anti-spam laws, specifically the law unofficially called “CASL”, or Canada’s Anti-Spam Law. If you believe you have received email in violation of this law, please contact us using the contact information further up in this Policy.

The Non-personal Data We Gather for Very Limited Purposes

Elastic Games automatically collects certain information using a third-party analytics program, Google Analytics, to help us understand how our users use the Website, but none of this information identifies you personally. For example, each time you visit the Website, we automatically collect your IP address, browser and computer type, access times, the web page from which you came, and the web page(s) you access (as applicable). We use information collected in this manner only to better understand your needs and the needs of the Website and its users in the aggregate. Elastic Games also makes use of information gathered for statistical purposes to keep track of the number of visits to the Website and the specific pages on the Website with a view to introducing improvements.

Your IP address and other relevant information may be used in order to trace any fraudulent or criminal activity, or any activity in violation of the Terms of Use.

Your Rights to Verify, Correct and Delete the Personal Information We Hold

You have the right to: (i) verify what Personal Information Elastic Games holds about you; (ii) ask for your Personal Information to be corrected or updated; and (iii) withdraw your consent to the use by Elastic Games of your Personal Information and have it deleted from our records. If you wish to inquire about and verify and / or correct Personal Information Elastic Games holds about you, or if you wish to have all your Personal Information permanently deleted from our records, please contact us using the contact information further up in this Policy. Please note that deletion of your Personal Information may make it impossible for you to use the Website, or certain portions thereof. If you request deletion of your Personal Information, Elastic Games reserves the right to retain some of your Personal Information for a reasonable time in order to satisfy our legal obligations, or where we reasonably believe that we have a legitimate reason to do so.

Transfer of Personal Information Outside Your Home Jurisdiction

Website users may access the Website from any country in the world. Elastic Games and its third-party suppliers, including service providers and hosting partners, are located in Canada and the United States. You acknowledge that Elastic Games and our third-party vendors may be located in jurisdictions or countries where the privacy laws may not be as protective as those in your home country, state, province or other governmental jurisdiction, and consent to the transfer of your Personal Information to such countries.

For visitors from the European Economic Area, they can be confident that any Personal Information is stored in a country, Canada, which has been granted an “adequate level of protection” status from the European data authorities. The Website host, GoDaddy, participates in the EU-US Privacy Shield.

There are Risks When Using the Internet

Despite Elastic Games’ best efforts to ensure that third parties will not access or obtain your Personal Information through your use of the Website, complete confidentiality and security cannot currently be guaranteed on the Internet. Communication via the Internet is subject to interception, loss, or alteration. You acknowledge and agree that Elastic Games cannot be held responsible for damages resulting from the transmission of confidential information or Personal Information over the Internet and that such communications are at your own risk.

Tracking Technology (“Cookies”)

Elastic Games uses tracking technology (“Cookies”) on the Website and by using the Website you agree to their use. Cookies are small text files placed on your computer or device when you visit a web site, in order to track use of the site and to improve the user experience by storing certain data on your computer.

Specifically, we use cookies for the following functions:

• to keep track of your preferences while using the Website, specifically whether you have previously indicated you are at least 18 years of age or the age of majority in your jurisdiction;
• to provide general internal and use analytics; and
• to assist in identifying possible fraudulent activities.

Your browser can be set to refuse cookies or delete them after they have been stored. Please refer to your browser’s help section for instructions. Please note that deleting these cookies may reduce your user experience on the Website by requiring you to re-enter certain information.

We Are Compliant with Privacy Laws

This Policy and Elastic Games’ practices in general are designed to be in compliance with Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”, S.C. 2000, c. 5) and Quebec’s An Act Respecting the Protection Of Personal Information in the Private Sector (R.S.Q. c. P-39.1). If you have any questions regarding this compliance, please contact us using the contact information further up in this Policy.

Modifications to the Policy

Elastic Games reserves the right, at any time and without prior notice, to modify or replace any of the Policy. Any changes to the Policy can be found at this URL. It is your responsibility to check the Policy periodically for changes. Your use of the Website following the posting of any changes to the Policy constitutes acceptance of those changes. If we make any substantial changes to the Policy that materially affect the way we treat your Personal Information, we will use commercially reasonable efforts to notify you by posting a prominent notice when you arrive at the Website for the first time following those changes.

© Elastic Games Inc. 2018