Out of respect for our international customers & clients, this document has also been translated into the following languages:
1. Non-personal data
NDS may use tools or third party analytical software to automatically collect and use certain non-personal data that does NOT directly enable NDS to identify you. The types of non-personal data NDS may collect and use include, but are not limited to: (i) device properties, including, but not limited to IP address, Media Access Control (“MAC”) address and unique device identifier or other persistent or non-persistent device identifier ("Device ID"); (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data such as zip code, area code and coarse location; (v) game progress, time used playing, score and achievements; (vi) other non-personal data as reasonably required by NDS to enhance the Services and other NDS products and services.
NDS may use and disclose to NDS’s partners and contractors the collected non-personal data for purposes of analyzing usage of the Services, managing and providing the Services and to further develop the Services and other NDS services and products.
You recognize and agree that the analytics companies utilized by NDS may combine the information collected with other information they have independently collected from other services or products relating to your activities. These companies (such as Google) collect and use information under their own privacy policies.
NDS may supplement your personal and non-personal data with data received from third parties in connection with demographic, market and other analytics surveys or services.
2. Ad Serving Technology
NDS may display to you behaviorally targeted advertising. If you wish to "opt out" of certain targeted advertising, please visit and/or . Please note that the links above may not reach all NDS’s advertising partners and certain behaviorally targeted advertising may still be displayed to you. If you want to be certain that no behaviorally targeted advertisements are not displayed to you, please do not use or access the Services. Additionally please note that if you “opt out” it does not mean that you will no longer receive advertising. It just means that the advertising you see displayed will not be customized to you and your interests and may be less relevant to you.
3. Location Data
4. Personal Data
Likely situations when you make personal data available to NDS include, but are not limited to: (i) non-child registration for Services, contests and special events; (ii) accessing Services using a third party ID, such as non-child social networking sites or gaming services; (iii) adults subscribing to newsletters; (iv) adults purchasing a product or services through NDS’s online stores; (v) adults using “tell a friend,” "email this page," or other similar features; (vi) adults requesting technical support; and (vii) otherwise through use of non-child NDS Services where personal data is required for use and/or participation.
The types of personal data may vary depending on the type of activity you are engaged in. The personal data NDS may collect, process and use about adults may include, but are not limited to your name, screen/nick name, NDS Services’ or third party service ID, e-mail address, phone number, photo or other image, birthdate, sex, address, friend connections, avatar image, credit card information, shipping information; and location (only if directly identifiable to you, otherwise NDS treats location as non-personal data). We will only collect this data when we tell you that we are, and with your consent.
If you choose to use NDS’s "tell a friend" or a similar service about NDS Services or order a gift certificate for your friend, NDS may store your friend's name and contact details that you provide to NDS.
NDS may use non-child personal and non-personal data, both individually and combined together, for purposes of analyzing usage of the Services, providing customer and technical support, managing and providing Services (including managing advertisement serving), customizing NDS’s communications and to further develop the Services and other NDS services and products. NDS may combine non-personal data with personal data.
If you opt in, NDS may use your non-child personal data to send messages to you with informative and/or commercial content about NDS’s services or third party products and services NDS thinks may be of interest to you, such as new features and services, special offers and updated information.
5. Disclosure and Transfer of Personal Data
6. Data Retention and Correctness
Irrespective of the above, NDS may still retain some of the data to the extent such retention is necessary to resolve disputes, enforce NDS user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of Services.
7. Cookies, beacons and tracking
The Services may use “cookies” and other technologies such as pixel tags, locally shared objects, clear GIFs and web beacons. NDS treats information collected by cookies and similar technologies as non-personal data.
Cookies: A “cookie” is a small bit of record-keeping information that websites often store on a user's computer. NDS’s cookies do not include personal data and are typically used to quickly identify your device and to “remember” you. You can disable cookies or set your browser to alert you when cookies are being sent to your device; however, disabling cookies may affect your ability to use the Services.
Flash cookies & HTML5: NDS may also use Flash cookies (locally shared objects) and HTML5 storage (locally stored objects). Locally shared objects are small files similar to browser cookies and are used to remember your settings to personalize the look and feel of the Services. Locally shared objects only collect data in the aggregate. You may prevent locally shared objects from being placed by disabling locally stored objects in your browser or visit . Locally stored objects, such as HTML5 Web Storage, are used for similar purposes as cookies but typically may contain a greater amount and different types of data than browser cookies.
Web Beacons and pixel tags: A “web beacon” or a “pixel tag” is an electronic image that allows NDS to count users who have visited certain pages or viewed certain advertisements. Web beacons, like cookies, do not include personal data. E-mails and other electronic communications NDS sends to you may contain pixel tags that enable NDS to track your non-child usage of the communication, including whether the communication was opened and/or what links were followed, if any.
8. Third Party Terms and Conditions
Please note that your access to and use of the Services may be subject to certain third party terms and conditions and privacy policies, including but not limited to application stores, map data providers, mobile software platforms, on-line gaming platforms, social networking services and payment providers. You recognize and agree that NDS is not liable for any such third party terms and conditions and their use of your personal data.
NDS may in its discretion make available links through advertisements or otherwise enable you to access third party products or services. Please note that, while using such products or services, you are using products or services developed and administered by people or companies not affiliated with or controlled by NDS. NDS is not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them, or any products or services they may offer. The fact that NDS is linking to those products or services does not constitute our sponsorship of, or affiliation with, those people or companies.
Please be aware of the open nature of certain social networking and other open features of the Services NDS may make available to you. You may choose to disclose data about yourself in the course of contributing user generated content to the Services. Any data that you disclose in any of these forums, blogs, chats or the like is public information, and there is no expectation of privacy or confidentiality. NDS is not responsible for any personal data you choose to make public in any of these forums.
If you are under 13 years of age or a minor in your country of residence, please ask your legal guardian’s permission to use or access the Services. NDS encourages parents and/or guardians to play an active role in their children's online experience at all times. NDS does not knowingly collect any personal information from children under 13 years of age and if NDS learns that NDS has inadvertently gathered personal data from children under 13 years of age, NDS will take reasonable measures to promptly erase such personal data from NDS’s records.
11. Further information
Any and all use of your personal data by NDS is governed by State of Oregon law and not the laws where you may be located.
Should you wish opt-out from receiving communications (such as newsletters or offers) from NDS, please contact unsubscribe[at]nightandaystudios.com.
NDS makes good faith efforts to enable you to review, update or correct your personal data in NDS’s possession. In order to do so, please contact NDS at privacy[a]nightanddaystudios.com. NDS will need sufficient information from you to establish your identity and to verify your access request, and also to assist us in handling your request. Please note that even if personal data is changed or deleted according to your request, NDS may still retain some of your personal data to resolve disputes, enforce NDS user agreement(s), and comply with technical and legal requirements and constraints related to the security, integrity and operation of NDS Services.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST NDS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.