SLEEPY GIANT ENTERTAINMENT PRIVACY POLICY
Last Modified on 1/3/12

Our Privacy Commitment

Sleepy Giant Entertainment, Inc. (“SGE,” “we,” “us” or “our”) is committed to respecting the privacy rights and concerns of all users of the SGE website where this Privacy Policy is posted (the “Site”) (we refer to the Site and the services made available through the Site, collectively, as the “SGE Features”). We develop, operate and maintain websites for third parties and manage accounts for and otherwise make available certain services of third parties (the “Client Features”), including but not limited to access to online video games, ecommerce functions, and social networking features in connection with online games published by third parties (“Clients”). As such, we have established and implemented this Privacy Policy to inform visitors to the Site and users of the SGE Features and Client Features how we use and protect the information we collect through the SGE Features and Client Features. To the extent that we collect information on behalf of Clients as part of the Client Features, our use of such information is governed by such Client’s privacy policies in addition to this Privacy Policy. As such, you should review each Client privacy policy regarding how such Client uses the information it collects or that we collect on its behalf. This Privacy Policy is effective as of the date set forth above and is only applicable to the Site and not to any other website that you may be able to access from the Site which may have its own data collection and use practices and policies.

This policy answers the following questions:

•   What information do we collect about you and how do we use it?

•   Will we share your personal information with third parties?

•   What choices do you have about the collection and use of your personal information?

•   What security measures do we take to safeguard your personal information?

What information do we collect about you and how do we use it?

Types of Information We Collect

Personal information means information that can be used to identify and contact you. While we do not collect any personal information from you on our Site, we may collect personal information from you for third parties as part of the Client Features.

In connection with the Client Features, we collect personal information when you create an account through the Client Features; subscribe to our newsletter; participate in feedback forms, questionnaires, surveys or contests; participate in forums, chat rooms and bulletin boards; purchase a product or service through the Client Features; or receive customer or technical support.

To create an account for the Client Features, on behalf of our Clients, we may require you to provide certain information to create your profile, including a username, password, email address, age, gender and birthdate. Providing additional information beyond what is required to create an account, such as hobbies and profile pictures and photographs, is entirely optional, but enables you to gain more from the Client Features. If you sign up for one of the Client Features which involve social networking sites, we may also collect personally identifiable information from these Internet sources and database services on behalf of our Clients. When you are purchasing products or services through the Client Features, you will also be required to provide your name and a billing address and credit card or other payment information. No information of this type will be collected unless you have registered for services that require it.

How We Use Your Personal Information

The personal information you provide through the Client Features will allow us on behalf of our Clients or the Clients themselves to fulfill your product or service order; alert you of new products or services, features, or enhancements; handle your customer service questions or issues; request feedback; administer contests, promotions or surveys; distribute newsletters or promotional materials; and notify you of promotions, updates, or special offers that may interest you. Your email address and phone number will also be used by us on behalf of our Clients or by our Clients themselves as part of the Client Features in sending you messages about the Client Features and other general announcements. Your username and profile picture, as well as other information you voluntarily submit as part of the Client Features will be made publicly available to other users of such Client Feature.

We keep track of your interactions with us on behalf of our Clients, including but not limited to your activity within the Client Features. We may use personal information that you provide to us to send messages to you in response to your request to perform an activity in connection with your use of any of the Client Features. We may also use your personal information to contact you when necessary on behalf of our Clients.

We may use your personal information with non-personal information that we have collected in a manner such that the end-product does not personally identify you or any other user of the SGE Features or Client Features. We may make your personal information non-personally identifiable by either combining it with information about other users (aggregating your personal information with information about other users), or by removing characteristics (such as your name or email address) that make the information personally identifiable. This process is known as de-personalizing your information. You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use your personal information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect in providing the SGE Features and Client Features (the “Analytical Data”). We are expressly authorized to make any commercial use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties, provided that we do not sell, trade, or otherwise transfer from us any part of the Analytical Data that personally identifies any SGE Features or Client Features users.

Cookies

“Cookies” are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive. Like many websites, we employ cookies in certain areas of the Site and Client Features to allow us to provide information to make your online experience more convenient. For example, when you return to a Client Feature after logging in, cookies provide information so that the Client Feature website will remember who you are on subsequent visits, speeding up or enhancing your experience of the Client Features by, for instance, tailoring content to you. Cookies also prevent items placed in a shopping basket from disappearing by the time you checkout.

Log Information

Our servers automatically record information that your browser sends whenever you visit the Site or Client Features. This information includes your Internet Protocol address, your browser type and version, the search engine you used to find the SGE Features or Client Features, if any, your physical location, which SGE Features or Client Features you use and when and how long you use them. We use this information to monitor and analyze how users use the SGE Features and Client Features, for security purposes, to provide customer service and to maintain and improve the SGE Features and Client Features.

Children’s Privacy

Certain of the Client Features, namely, those games and services directed to children under the age of 13 on behalf of Clients (the “Children’s Features”) knowingly collect personal information from children under 13, or allow them to create an account for the Children’s Features. We take children’s privacy seriously, and encourage parents to play an active role in their children’s online experience at all times. These policies and guidelines are applicable to the Children’s Features only to the extent we operate or maintain such Children’s Features on behalf of Clients and collect, host or store any personal identification of their users. Each of our Clients who provide Children’s Features may have their own data collection and use practices and policies, including those applicable to children under 13 years of age. As a service provider for these

Clients, we must comply with their own privacy policies regarding the collection and use of information from children under the age of 13.

The Children’s Online Privacy Protection Act (“COPPA”) requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under 13 years of age on behalf of Clients; and that we obtain the consent of parents and guardians in order for children under 13 years of age to use the Children’s Features we provide on behalf of Clients.

We make no representations, warranties or guarantees that uses of the Children’s Features will be completely safe or insulated from inappropriate behavior or content, and we do not represent, warrant or guarantee that other users will not attempt to circumvent the rules, features or aspects of the Children’s Features. We do not assume any obligation, liability or responsibility associated with such behavior. Because we act as a service provider for our Clients with respect to any Children’s Features, you may be contacted by the Client or their representative for consent to collect or otherwise use information from your children. That consent allows us to collect and use information on behalf of that Client to provide the Children’s Features.

Additional safeguards with respect to personal information collected about children

We do not collect personal information from children under the age of 13 on behalf of our Clients unless they register with the Children’s Features as described above for all users of the Client Features. For children under the age of 13, however, a parent or legal guardian must approve their account and handle all billing on their behalf. If we do not receive consent from a parent within the time period set forth in the applicable Client privacy policy, the data collected will be deleted. We collect birth dates to validate the ages of our guests, including children. We also collect an e-mail address from a parent for the purpose of sending a child e-mail related to a subscription.

It is our understanding that the Children’s Features do not condition a child’s participation in any activity on the disclosure of more information than is reasonably necessary to participate.

How do we notify and obtain consent from parents for the collection of information from their children?

We request on behalf of our Clients a parent’s verifiable consent to the collection of their child’s personal information when their child registers to create an account for any of the Children’s Features. As stated above, this consent may come from the Client we provide services for. If the parent refuses to allow the registration, we will not create the account as directed by our Client and we delete the child’s information from the database maintained for our Client. Once a parent provides verifiable consent to the collection of their child’s personal information, we will, on behalf of our Client, create the child’s account and provide the child access to the membership areas of the Children’s Features. If a child wins a sweepstakes or contest with a physical object as the reward, we may, on behalf of our Client, notify the parent at the parent’s e-mail address provided during the registration process and request that the parent provide their postal address for purposes of delivering the prize. We perform these services on behalf of our Clients and therefore such Clients may request your consent.

Many of the social aspects of the Children’s Features might result in the public disclosure of certain of your child’s personal information to third parties on the Internet, such as posting on open message boards. On behalf of our Clients, we require verification during the registration process to confirm that the parent has given permission for the child’s participation in such features through one of the following means: (i) providing his or her last four digits of his or her social security number; (ii) providing his or her credit card information; or (iii) sending us, a signed consent form by fax. Your children will not be able to register an account or create or post content or interact with other users on or through the Children’s Features until we receive your verifiable consent. To help prevent your children from disclosing their personal information, please make sure you talk to your children about the risks of doing so as we recommended earlier in this Privacy Policy. We perform these services on behalf of our Clients and therefore such Clients may request and provide to us your verification and consent as described above.

How can parents access, change or delete personally identifiable information about their children?

At any time, parents can refuse to allow us to collect further personal information from their child on behalf of our Clients and can request that any personal information we have collected on behalf of or from our Clients be deleted from our records. A parent has certain editorial access to each of his or her children’s accounts through the parent’s master account. Parents may access, change, or delete the personally identifiable information that we have collected from their children on behalf of or from our Clients by either logging on to the parent’s master account or their child’s account through the user interface of the applicable Children’s Features. The parent will need to have their child’s username and password to log into their child’s account. Instructions are available on each of the Children’s Features’ home page provided by our Clients explaining how to recover a password if the user has forgotten it.

Will we share your personal information with third parties?

Sharing of Information

We do not share your personal information with additional third parties except as described below. As a service provider for our Clients, we must comply with their own privacy policies regarding the collection and use of personal information you provide in and through the Client Features.

We use your personal information as described above in administering your account(s) on behalf of our Clients who provide the Client Features; all such personal information is collected and used on those Clients’ behalf and is subject to their individual privacy policies. As such, you should review each Client privacy policy regarding how such Client uses the information it collects or that we collect on its behalf. All of your personal information that we collect will be shared with the third party Client on whose behalf it was collected and will be used by them subject to their individual privacy policies.

We may also use your personal information on a non-identifiable basis to provide analyses of our users in the aggregate (including Analytical Data subject to the terms of this Privacy Policy) to prospective partners and other third parties. In addition, we will share the personal information we collect from you under the following circumstances:

•             Protection of rights. We will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce any terms of use for the SGE Features or Client Features that may be implemented from time to time, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the SGE Features or Client Features, or (iv) such action is appropriate to protect the rights, property or safety of SGE, its employees, users of the SGE Features or Client Features or others.
•             Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of SGE’s assets, user information, including personal information collected from you through your use of the Client Features, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through email and/or a prominent notice on the Site.
•             Service Providers. We may share your personal information with service providers that we engage for the purpose of processing information on our and your behalf or on behalf of our Clients. For example, we may partner with other companies to process payments for the Client Features. Additionally, we may partner with other companies to process, analyze, and/or store data, including, but not limited to, Analytical Data. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.

Additional Information You Should Know About Third Parties

This Privacy Policy does not cover the information practices of third party websites linked to the Site, including those of our Clients and other providers of the Client Features. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personal information. You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies.

When you have clicked on a third party logo or URL displayed on our Site which links you to a different website, you must read the privacy policy of the third party to see how your personal information will be handled on their website.

What choices do you have about the collection and use of your personal information?

Control of Your Information

You may update or delete your personal information or modify your account preferences for the Client Features by accessing the account interface through such Client Feature. Please note that when you delete your account, we may retain your account information on behalf of our Clients for a reasonable period of time afterward for the purpose of internal account management and fraud prevention activities.

Opting Out of Receiving Communications

You may opt out of receiving certain email communications from us on behalf of our Clients through the registration process for the Client Features. If you no longer want to receive Client Feature newsletters, emails or other announcements, you may unsubscribe in your account, reply to the unsubscribe link at the bottom of emails we send on behalf of our Clients, or otherwise follow the instructions provided by our Clients with respect to the Client Features. Please note that you cannot unsubscribe from certain correspondence, including messages relating to your account transactions.

Mediation

If you are a resident of a country outside of the European Union, you also agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy that you and SGE will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Laguna Beach, California with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

Dispute Resolution for Residents of the European Union

If you are a resident of the European Union, in the event that you have any dispute or claim arising out of or relating to this Privacy Policy, you may report your claim to the European Union Data Protection Authorities located in your jurisdiction.

What security measures do we take to safeguard your personal information?

The personal information that you provide to us on behalf of our Clients in connection with your use of the Client Features is stored on servers, which are located in secured facilities provided by our Clients with restricted access, and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to personal information to SGE employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Client Features. All SGE personnel who have access to this information are trained in the maintenance and security of such information.

However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us on behalf of our Clients or through the use of any of the Client Features and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems. In the event we become aware of any unauthorized access to your personal information, we will endeavor to notify you via email and/or telephone call.

European Union and Switzerland’s Directive on Data Protection – Safe Harbor

SGE complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. SGE has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view SGE’s certification, please visit http://www.export.gov/safeharbor/.

Notification of Changes

This Privacy Policy may change from time to time and we will post all changes on this page. Material changes in our Privacy Policy as applied specifically to children will be made only in conformance with applicable law, including any relevant provisions of COPPA that require parental consent.

Questions? Contact Us

If you have any questions about our privacy practices or this Privacy Policy, please contact us by email at info@sleepygiant.com.

Terms of Use

Each of the Client Features may be subject to their own terms of use governing the use of such Client Features. You should read such terms of use before using any of the Client Features.