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Privacy Policy & Terms of Use

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Privacy Policy

Last Revision: May 25, 2018

Outerminds Inc. (“Company”) respects an individual’s privacy and will only collect, use or disclose your personally identifiable information (personal information) in accordance with its Privacy Policy. We recognize every individual’s right to privacy and acknowledge our obligation to preserve the confidentiality of personal information. The Company takes steps to protect and maintain the confidentiality of personal information of those persons with whom it deals, including users of its products and services, and prior and prospective customers (collectively “Users” and individually a “User”, as appropriate), and the Company is responsible for the personal information it has in its possession or under its control.

This Privacy Policy (the “Policy”) explains how the Company collects, uses, discloses, retains and protects the personal information of its Users within the framework of its activities, in particular in connection with the use by Users of the products and services of the Company (the “Products”).

By supplying their personal information to the Company, Users agree to this Policy. The Company reserves the right to update its Privacy Policy at any time and such modifications shall be effective immediately, unless otherwise stated. Users are asked to regularly check to see whether this Policy has been modified. Users are deemed to have accepted any modifications to this Policy if they continue to provide personal information to the Company after publication of such modifications.

How to contact the Privacy Officer/Delete Your Account

Company is responsible for Personal Information under its control and has designated a Privacy Officer who is accountable for this Policy and applicable Canadian and other privacy and data protection laws. Should you have any questions about your personal information or Company’s privacy practices, please contact our Privacy Officer at the information below.

Users may contact us with requests that we delete their Personal Information from our systems, or to request access or correction to their Personal Information. We will attempt to accommodate such requests to the extent possible. If all such information is deleted from our systems, your account may become deactivated. In any event, we may retain an archived copy of your records as required by law or for legitimate business purposes.

You can contact the Privacy Officer by email at privacy@outerminds.com or by regular mail at this address:


Outerminds Inc.
Attn: Customer Service Dept.
1400-666 Sherbrooke O
Montréal, QC
H3A 1E7
Canada

Types of information collected and manner in which the information is collected

For the purposes of this Policy, “Personal Information” is any information relating to the identity of any individual, such as name, birth date, address and other information pertaining to such individual’s identity, as well as financial information, which may be presented in any form.

The type of Personal Information collected by the Company depends on a number of factors and context. The Company collects only the Personal Information it deems necessary for conducting its business and to achieve specific purposes.

The Company collects Personal Information about Users from a number of sources, but most of the information comes directly from Users, through their use of the Products.

 

Consent

Company collects Users’ Personal Information for the purposes outlined below.

Company will identify the purposes for which Personal Information is collected at or before the time it is collected. If Company seeks to use Personal Information that has been collected for a purpose not previously identified, it will seek your consent prior to use, unless it is otherwise required by law.

Subject to legal or contractual requirements, Users may at any time withdraw their consent to the collection, use or disclosure of their Personal Information by writing to the Privacy Officer of the Company at the coordinates below, giving reasonable notice. However, the withdrawal of such consent could limit the capacity of the Company to offer certain specific Products to the User, prevent the Company from providing same or even force the Company to cease from providing same. Moreover, even in case of withdrawal of consent, the Company may nevertheless by law have the right or obligation to retain, use or disclose Personal Information about a User.

 

Purposes for collecting and using Personal Information

The Company may collect and use Personal Information for the following purposes:
a) Provide customized Products or information requested by Users;
b) Communicate with Users as part of the activities of the Company, for internal quality assurance purposes or to manage the quality of the information provided;
c) Detect and prevent fraud;
d) For statistical and accounting purposes;
e) Inform Users of news, updates, information and special offers concerning the Products of the Company;
f) If the Company has reasonable grounds to believe that it might be useful as part of the investigation of a violation of provincial, federal or foreign law or to ensure the protection or defence of a legal interest;
g) As required or permitted by law.

Click here for more information on our partners’ privacy policies.

 

Retention of Personal Information

The Company retains the Personal Information it collects only as long as it is necessary to conduct its activities and accomplish specific goals while it is reasonable to do so for customer service, legal or commercial purposes. The length of retention period depends on the Product and the nature of this information. When the retention period expires, the information is destroyed, deleted or made anonymous.

 

Disclosure of Personal Information

The Company agrees not to publish, sell, rent or share the Personal Information of the Users with anyone except to the extent allowed in this Policy.

The Company will disclose Personal Information about Users to third parties only in the following situations:
a) The User has expressly authorized the Company to disclose the information provided for a specific purpose;
b) The third parties involved are acting on behalf of the Company as agents or suppliers of the Products, and the information will be disclosed to them only in order to assist the Company in providing the Products, it being understood that these third parties shall respect strict contractual conditions that oblige them to maintain the confidentiality of all information and use it only for purposes related to the supply of the Products by the Company;
c) If a person is acting as a representative of the User or if the Company reasonably believes that the person is acting pursuant to an appropriate authorization (for example as tutor, holder of parental authority, etc.), or is a person who owns a Product jointly with the User;
d) In accordance with the conditions applicable to a Product of the Company, to facilitate the sale of the Product, in particular to satisfy legal requirements;
e) If the Company is required to provide Personal Information in response to a legitimate court order or subpoena to submit documents or investigation by authorities or is otherwise required by law;
f) The Company reserves the right to report to law enforcement authorities any activity that the Company thinks in good faith to be illegal;
g) The Company may disclose certain Personal Information when it considers such disclosure reasonably necessary to protect the rights, property and safety of third parties as well as those of the Company or to ensure Users’ compliance with its obligations in regards to the Company;
h) Should the Company sell its business or assets, in whole or in part, or is involved in a merger, as required by such a transaction.

 

Protection and accuracy of the Personal Information

The Company takes seriously the management of the Personal Information of Users.

Only authorized Company personnel have access to the Personal Information of Users. These employees have been informed by the Company of their obligation to preserve the confidentiality of this Personal Information. The Company employees who have access to Personal Information may use it only in accordance with the principles set out in this Policy and applicable legislation and regulation.

The security and protection of Personal Information is important to the Company. The Company applies reasonable technical, contractual, administrative and tangible measures to protect the Personal Information of Users against its unauthorized use or disclosure as well as its loss or theft, including encryption of secured transactions when required. Although it is impossible to guarantee 100% protection, the Company has adopted rigorous methods that comply with strict security standards to ensure protection of Personal Information.

We also limit access to your Personal Information to those employees, contractors and agents who have a business need to know.

Depending on the nature of Personal Information, it may be stored in the offices of the Company or in various computer systems of the Company or its service suppliers or in storage installations of the Company or its service suppliers.

The Company will ensure that the Personal Information about Users is as accurate, complete and up-to-date as possible for the purposes for which it is used. It is however the responsibility of the User to update Personal Information, such as addresses, with the Company.

 

Access to Personal Information and modification of Personal Information

Users may access their own Personal Information in order to consult, update or correct such, by contacting the Company’s Privacy Officer in writing by email or regular mail at the coordinates provided below.

Any such request must contain sufficient details for the Company to be able to process it. The Company agrees to respond to any such request within a reasonable period of time, and to the extent possible, within a maximum of thirty (30) days. The Company must however first verify the identity of the person making such a request.

The Company may refuse in writing access to or modification of Personal Information of a User for serious reasons, such as the exorbitant cost of supplying the information, the fact that the Personal Information contains information about other persons, the existence of legal, security or proprietary commercial reasons and the fact that the information is protected by professional secrecy, attorney-client privilege, or involved in a legal proceeding.

The Company may charge fees for the transcription, copying or transmission of Personal Information of a User and will so advise the User in advance.

 

Collection of information through the Products

As part of the use of the Products online, the Company may collect additional information (“Online Information”) about the use of the Products, and this Policy applies to this Online Information with the appropriate adjustments. General information, such as demographic statistics about Users, the number of Users and the average time of use of the Products, is likewise considered Online Information.

The Company collects or obtains Online Information as part of the operation of the Products. For example, when a User decides to use the Products, the Company may automatically collect information obtained by way of analytical tools or digital markers. These analytical tools collect only a limited dataset, in particular the time and date when a Product was used. A Product may also contain analytical tools placed by advertising partners or service providers in order to allow the Company to evaluate the effectiveness of the Products.

In addition to what is already provided in this Policy in regards to Personal Information, the Company uses Online Information to track the use of the Products and improve their use, customize the experience of the Users, in particular by proposing customized advertisements and offers, make statistical analyses of all the characteristics and behaviours of Users, measure the demographic variables and interests of Users with respect to specific services, describe its services to third parties and potential commercial partners and determine how and where Company resources can be allocated more effectively. No Personal Information is disclosed as part of such activities.

This Online Information is necessary for the Company to be able to collect the data required to record the number of Users, the functionalities or aspects of the Products most used, the technology used by the Users of the Products, the referral websites and the location of the Users.

The Products may also use retargeting services to identify Users who have used the Products and reach them with online advertising once they have stopped using the Products, in order to transmit advertisements associated with prior use of the Products, without however disclosing any Personal Information in doing so.

 

Cross-Border Transfer

The Company processes and stores Personal Information using our server(s) based in Canada.

If you are located outside of Canada, your Personal Information and other information that we collect may be transferred to Canada, for the purposes described above. By accepting this Policy, using our Products or providing us with any Personal Information, you agree to the transfer of information to Canada.

 

Hyperlinks to third party websites and third-party social media

The Products may contain hyperlinks to websites of third parties (“Third Party Websites”) that can cause leaving the website currently browsed by the User. The Company provides these hyperlinks for convenience. The Third Party Websites are not under the control of the Company, which therefore has no control over the privacy and confidentiality practices of such Third Party Websites. Accordingly, any Personal Information that is transmitted by use of Third Party Websites is subject to the privacy policy of the relevant Third Party Websites. It is the responsibility of the Users to consult these policies in order to ensure that their Personal Information is being protected.

The Company uses social media (for example, Facebook and Twitter) in addition to the operation of the Products. Social media accounts are public and are not hosted by the Company. Users who decide to interact with the Company through social media must therefore read the terms of service and privacy policies of these third-party suppliers of services and the applications used to have access to them.

The Personal Information that is provided to the Company by way of social media accounts is collected in order to record exchanges (for example, questions and answers, comments, “likes”, shared tweets) between a User and the Company. It may be used to answer requests, make statistical evaluations and to prepare reports and for all other purposes indicated in this Policy.

 

Questions, comments, suggestions or complaints

For any questions, comments or suggestions regarding this Policy or the Personal Information protection practices of the Company not discussed in this Policy, you can write to the Company’s Privacy Officer by email or regular mail at the coordinates below. You can submit complaints to the Company’s Privacy Officer if you think that the Company is not meeting its obligations with respect to the protection of Personal Information. The Company will investigate such complaints and if they are justified, will take appropriate measures to correct the situation. If you are not satisfied with this internal review of your complaint, you can contact the Commission d’accès à l’information du Québec.

 

European Economic Area (EEA) Notice

If you are located in a country in the European Union (EU) and utilize our Products which are offered to EU residents, or if we collect, track, use or process in some other way your Personal Information collected from you or through your use of our Products, or we transfer that Personal Information, we will do so in accordance with this Policy and in compliance with applicable requirements of the General Data Protection Regulation (EU 2016/679) (GDPR).

 

Transfers of Personal Information

Company is a data controller and responsible for your Personal Information, which Company processes and stores in Canada. The European Commission has decided that Canada ensures an adequate level of protection of individuals’ personal information. Company may use the following safeguards when transferring your personal information to a country, other than Canada, that is not within the EEA:
(a) Only transfer your Personal Information to countries that have been deemed by the European Commission to provide an adequate level of protection for Personal Information;
(b) Where we use certain service providers, we may use specific contracts which give Personal Information the same protection it has in the EU.

 

Opt-in

If you are an EU resident, we may only collect your data using cookies and similar devices, and then track and use your Personal Information where you have first consented to such. We will not automatically collect Personal Information from you as described above unless you have consented to us doing so. If you consent to our use of cookies and similar devices, you may at a later date disable them.

 

Your Legal Rights

Under certain circumstances, you may have rights under the data protection laws in relation to your Personal Information, including the right to:
• Request access to your Personal Information.
• Request correction of your Personal Information.
• Request erasure of your Personal Information.
• Object to processing of your Personal Information.
• Request restriction of processing your Personal Information.
• Request transfer of your Personal Information.
• Right to withdraw (revoke) consent.

If you wish to exercise any of these rights, please contact our Privacy Officer at the coordinates below.

Terms of Use

Last revision: 16 December 2019

The terms of the following Agreement (“Terms of Use”) govern the relationship between Outerminds inc., a Canadian Company located at 1400-666 Sherbrooke West H3A1E7, Montreal, Canada (hereinafter “We,” “Us,” “Outerminds”) regarding your use of Outerminds’s games and all components thereof and related thereto, including any versions, updates, add-ons, expansion packs and downloadable content (collectively, the “Service”) on any device whatsoever.

Before using the Service, you must agree to the following Terms of Use. Should you require to create and register an account for the use of the Service, you agree that you are 13 years old or older. Should you be between the ages of 13 and 17, you confirm that you have obtained approval from your legal guardian to use the Service and to agree to these Terms of Use.

UPON THE INSTALLATION AND LAUNCHING THE SERVICE, YOU AGREE TO OUR TERMS OF USE. IF YOU DO NOT AGREE TO SAID TERMS, PLEASE UNINSTALL OUR SERVICE FROM YOUR DEVICE(S) AND REFRAIN FROM USING OUR SERVICE. USE OF SERVICE IS VOID WHERE PROHIBITED.

We reserve the right to update (modify, add or remove portions) our Terms of Use. This can be done at Outerminds’ discretion and at any given point in time. Continued usage of the Service equates to your accepting of our Terms of Use. If at any point you decide that you no longer agree with our Terms of Use, you must cease using the Service and uninstall them from any personal device on which you have installed the Service.

  1. Limited License
    • Subject to your agreement to Outerminds’s Terms of Use, we grant you a non-exclusive, non-transferable, revocable, and limited license to access and use our Service for personal, non-commercial entertainment purposes. The following restrictions apply:
  • You must be at 13 years of age or older to use the Service;
  • You are responsible for the use of any credit card and or other payment methods (including the usage of such payment methods by minors) within the Service;
  • You will not under any circumstance sell or purchase accounts linked to our Service;
  • Should you have been previously banned from our Service, you will not create a new account; and
  • You shall only use your account for non-commercial, personal purposes.
  1. Account
    • You shall not share your account or engage in activities that would/could compromise your account’s security. Should you believe that your account has been compromised, please contact Outerminds (support@outerminds.com) immediately to inform us of the situation.
    • We reserve the right to remove, reclaim, or modify any account and or player username at any given point in time for whatever reason we deem just and fair, including but not limited to claims by a third party that a username violates a third party’s rights.
  1. Licence Limitations
  • The violation of the following licence limitations is strictly forbidden. Should you violate any of the following rules, Outerminds reserves the right to revoke your access to our Service. You agree that you will not:
  • Make copies, distribute, make available to any third party or otherwise derive any financial benefit or other personal gain from the Service;
  • Create any derivative work based on the Service, or attempt to apply for or register any intellectual property right related to the Service;
  • Create, use, and or share cheats, exploits, bots, hacks, mods, and other third-party software that directly or indirectly affect our Service;
  • Interfere, disrupt or partake in activities that negatively affect the stability of the Service and its servers;
  • Modify game files for the Service without our consent;
  • Take any form of involvement in the spreading of viruses and other negatively impactful software that target our Service;
  • Make use of unlawful forms of communication;
  • Engage and encourage toxic behaviour;
  • Impersonate Outerminds staff or any third party;
  • Harm, harass, or abuse our staff or any third party; and
  • Attempt to obtain a user’s account information and or data.
    • We reserve the right to judge what constitutes negative/toxic behaviour and behaviour that violates the Terms of Use. We also reserve the right to take necessary action, including the revoking of your account and prohibiting you from engaging with or using our Service.
    • You agree that, at all times, you will access and use the Service in accordance with all applicable laws and regulations and solely for purposes set forth in Section 1.1.
  • Suspension & Termination of Accounts
    • Without limiting any other remedies, Outerminds may choose to terminate, suspend, modify, or revoke access to your account in the event that you fail to comply with our Terms of Use. As a result, you may lose benefits earned, items purchased, and any item associated with your Service account. We are under no obligation to compensate for these losses.
    • We reserve the right to terminate accounts that have been inactive for 180 days.
    • Outerminds reserves the right to stop supporting any Service we offer. Should we cease to support a Service or any component thereof, your licence to use said Service will be terminated. We are not obliged to refund you or compensate you for the cessation of support for the Service, in whole or in part.
    • You have the right to terminate your account at any given point in time. Should you wish to do so, please contact our support team support@outerminds.com
  • Intellectual Property
    • All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, characters, stories, dialogue, concepts, artwork, animations, music, sound design, documentation, transcripts) are owned by Outerminds and our partners. All rights in the Service are reserved by Outerminds, including without limitation, all intellectual property rights or other proprietary rights in connection with the Service, and nothing in these Terms of Use shall be construed or implied as granting any rights to you other than under Section 1.1.
  • Submission of Materials
    • Unless specific regulations or written procedures by Outerminds exist in that regard, outlining other terms and conditions, when you submit messages, data, texts, photographs, images, receipts and other materials to Outerminds (through the Service or otherwise) (“User Content”), you grant Outerminds a worldwide, unlimited, irrevocable, non-exclusive, perpetual, fully paid-up licence for: i) use, reproduction, storage, adaptation, translation, modification, creation of derivative work, transmission, distribution or provision for public access to the User Content you submitted for any purpose; and ii) granting sub-licences to third parties for the exercise of any of the aforementioned rights.
    • In addition to the abovementioned licence, under these Terms of Use, you: i) waive all moral rights regarding your User Content, ii) consent that your name, address and email address appear regarding your User Content where applicable, as well as the sharing or display of this information, iii) acknowledge and agree that Outerminds shall not be held responsible for any loss, damage or corruption to your User Content; and, iv) undertake and agree that the items that you supply for display on the Service or that you provide to Outerminds shall be considered as non-confidential.
    • You represent and warrant to Outerminds that i) your User Content is original; ii) your User Content does not infringe any intellectual property rights, including without limitation copyright; iii) you are the sole owner of all intellectual property rights, including copyright without limitation, on and to your User Content or, where applicable, you have obtained written permission from the owner to provide your content; iv) your User Content does not infringe the privacy or image rights of a third party; v) your User Content is truthful, accurate, up to date and complete, to your knowledge; and vi) your User Content is not illegal in any other way.
    • Outerminds has no obligation to verify User Content present on the Service or that is transmitted to it. You recognize, nevertheless, that Outerminds may at any point verify this User Content, particularly to comply with a law, a regulation, a decree or a request from the authorities, to ensure the correct functioning of the Service or for any other reason, at its discretion. Outerminds reserves the right to modify, refuse or delete any User Content present on its Service or that is transmitted to it if Outerminds considers, at its sole discretion, that this User Content contravenes these Terms of Use.
  • Account Ownership
    • You acknowledge and agree that Outerminds has full ownership and property interest in all its games’ accounts. Thus, you recognize that Outerminds owns all rights pertaining to said accounts.
  • Purchase Terms
    • You may purchase virtual currency (“Bux”) with the use of “real money” in our Service. Purchase of such items is only acceptable through our Service and or authorized partners.
    • We reserve the right to manage, regulate, control, and adjust virtual currency with or without notice. You acknowledge that said virtual currency is not intended to be transacted with, resold or otherwise used for any purpose outside of the Service, and you hereby release and discharge, and will indemnify and hold harmless Outerminds, its affiliates, partners, subsidiaries or licensors as well as their employees, contractors, agents and directors (“Outerminds Parties”) from any liability arising out of your use of such virtual currency, except as expressly intended through the Service.
    • In-app purchases are final and non-refundable.
    • We further reserve the right to change the displayed prices for Bux or any other in-app purchases at any time and without prior notice. Taxes and delivery fees, if applicable, are not included in the displayed prices. All prices displayed are in Canadian dollars. Despite our efforts to be as precise as possible, the price of any item appearing on the Service may be inaccurate. If the product price advertised on the Service determined to be inaccurate, we reserve the right to either change the price or cancel a purchase made on the Service or otherwise, at our sole discretion.
  • Exclusion of Liability
    • We are providing the Service and its contents on an “as-is” basis and make no representations or warranties of any kind, express or implied, with respect to the operation of the Service, the information, content, materials or products, included in the Service. To the fullest extent permitted by law, Outerminds disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, Outerminds does not represent or warrant that the information accessible via the Service is accurate, complete or current. Outerminds will not be liable for any damages of any kind arising out of or in connection with the use of the Service. Outerminds, their affiliated entities, and partners or licensors are in no way liable for direct or indirect damages due to the use or incapacity to use or have access to the Service or the content and items these may allow access to. This limitation applies whether based on contractual or extra-contractual rights, even if Outerminds has been advised of the possibility of such damages. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
    • Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for some damages. Accordingly, some of the above limitations may not apply to you.
  • Indemnification
    • Upon Outermind’s request, you undertake to indemnify and keep harmless the Outerminds Parties against any liabilities, claims and costs (including legal fees and costs) resulting from your use or errors in the use of the Service. To the fullest extent possible, you accept to cooperate with Outerminds for its defence in the context of any situation in which you should provide an indemnity.
  • Miscellaneous
    • These Terms of Use form the full set of rights and obligations between Outerminds and you, and replace any terms or prior provision relating to your use of the Service. No verbal or written declaration from an employee or director of Outerminds, or any other person, may modify or substitute these terms and conditions.
    • The Service is managed and fed from a computer located in the province of Quebec, Canada. The content and use of the Outerminds’ products are governed by the applicable laws of Quebec and Canada. These Terms of Use, as well as any dispute or misunderstanding resulting from their application, must be interpreted in accordance with these laws, In the case that any part of these terms and conditions were held to be unlawful, null or unenforceable, this part would be deemed to be divisible from all other provisions of these terms and conditions and would thus not affect the validity or enforceability of these other provisions, which would be interpreted without making reference to the removed section. Any litigation resulting from or associated to the use of the Service or to these Terms of Use shall be subjected to the exclusive jurisdiction of the courts of Quebec or a federal Canadian court, in the judicial district of Montreal, despite any potential application of the principle of conflicting laws.
    • Some jurisdictions do not allow terms and conditions to be governed by the laws of a foreign jurisdiction. Accordingly, applicable laws of Quebec may not apply to you.