Privacy Policy

Privacy Policy

Effective Date: March 14, 2024

1. INTRODUCTION
This Privacy Policy describes how Gun Media Holdings, Inc. (“GMH,” “we,” “us” or “our”) collects, uses, and discloses information about you and applies to your use of any online service location, including our websites and games, that posts a link to this Privacy Policy and all features, content, and other services that we own, control and make available through such online service location (collectively, the “Service”). This Privacy Policy does not apply to our information collection activities outside of the Service (unless otherwise stated below or at the time of collection) or the information collection activities of third parties, such as third party platform providers.

By using the Service, you agree to our Terms of Use and to our collection, use and disclosure practices, and other activities as described in this Privacy Policy. If you do not agree and consent, discontinue use of the Service.

Some regions provide additional rights by law, as described below:

• California

• Colorado, Connecticut, Utah, and Virginia

• Nevada

• European Economic Area, Switzerland, and United Kingdom

Information You Provide

We and our Service Providers (defined below) may collect information you provide directly via the Service. For example, we collect information when you post in our forums, play our games, access our in-game lobbies, communicate with us or other users, or transact with us through the Service.

The information we collect may include Personal Information. "Personal Information" is information that identifies you personally (whether alone or in combination).   

The categories of Personal Information we collect include:

• Contact Identifiers, including your name, email address, and postal address. 

• Characteristics or demographics, including your age and gender.

• Commercial or transactions information, including records of products or services you purchased, obtained, or considered.

• Payment information, including your payment instrument number (such as a credit or debit card number), expiration date, and security code as necessary to process your payments. This information is processed by our payment processors.

• User-generated content, including content within any messages you send to us (such as feedback or questions) or publicly post on the Service (such as in product reviews).

Please do not provide any information that we do not request. 

Information Collected Automatically

We and our Service Providers may automatically collect certain information about you when you access or use the Service. The categories of information we automatically collect include:

• Device identifiers, including your device’s IP address.

• Device information, including your device’s operating software and browser (e.g., type, version, and configuration), internet service provider, and regional and language settings.

• Internet activity, including information about your browsing history and interactions, such as the features you use, pages you visit, content you view, purchases you make or consider, time of day you browse, and referring and exiting pages.

• Non-precise location data, such as location derived from an IP address or data that indicates a city or postal code level.

The methods that may be used on the Service to automatically collect information include:

Log Files: Log files may record and store your information. 

Information Collected by Tracking Technologies: Cookies, web beacons (also known as “tracking pixels”), embedded scripts, device fingerprinting, in-game tracking methods, and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about your interactions with the Service or emails, including information about your browsing and activity behavior.

• Cookies
  Cookies are small text files which are placed on your browser when you visit a website, open or click on an email, or interact with an advertisement. Our Service uses session cookies (which expire when you close your browser) and persistent cookies (which expire at a set expiration date or when you manually delete them). We incorporate both first party cookies (which are cookies served directly by us) and third party cookies (which are cookies served by third parties we work with). We use cookies for a variety of purposes, including to help make our website work, personalize your browsing experience, prevent fraud and assist with security, perform measurement and analytics, and provide advertising.

• Web Beacons (“Tracking Pixels”)
  Web beacons are small graphic images, also known as "internet tags" or "clear gifs," embedded in web pages and email messages. Web beacons may be used to count the number of visitors to the Service, to monitor how users navigate the Service, and to count content views.

• Embedded Scripts
  An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your device from our web server or a third party with whom we work, is active only while you are connected to the Service, and deleted or deactivated thereafter.

• Device Fingerprinting
  Device fingerprinting is the process of analyzing and combining sets of information elements from your device’s browser, such as JavaScript objects and installed fonts, in order to create a “fingerprint” of your device and uniquely identify your device.

For further information on Tracking Technologies and your choices regarding them, please see “Third Party Services, Features, and Devices” and “Your Privacy Choices” below.

Information from Other Sources

We may obtain information about you from other sources, including Service Providers and Third Party Services, and combine such information with information we have collected about you. For example, we may obtain your gamertag or other information about your use of our games from third party platform providers, such as Microsoft, Sony, and Valve, and their affiliates. These platforms, and not us, are the controllers and responsible for your account on their platforms, and we recommend you review their license or user agreement, privacy policy, and privacy settings for information on how they treat and handle your personal data and your rights and choices for the information they disclose to us. To the extent we combine such third party sourced information with Personal Information we have collected about you on the Service, we will treat the combined information as Personal Information under this Privacy Policy. We are not responsible for the accuracy of any information provided by third parties or third party policies or practices.

• Information We Infer
  We infer new information from other information we collect, including using automated means, to generate information about your likely preferences or other characteristics.

• Sensitive Information
  To the extent any of the categories of information we collect are sensitive categories of information under applicable law, we process such information only for the limited purposes permitted by applicable law. We do not sell or use sensitive categories of information for purposes of targeted advertising or to make inferences.

We may use information about you, including your Personal Information , for any purposes consistent with our statements under this Privacy Policy or as permitted by applicable law, including to:

• Manage our Service, including our websites, forums, and games;

• Process and facilitate your communications and transactions;

• Respond to your comments, questions, and requests, and provide customer service;

• Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages;

• Prevent and address fraud, breach of policies or terms, and threats or harm; 

• Monitor and analyse trends, usage, and activities;

• Conduct research, including focus groups and surveys; 

• Improve the Service or other GMH websites, marketing efforts, products and services; 

• Send you advertisements and communicate with you regarding our and third party products, services, offers, promotions, rewards and events we think you may be interested in (for information about how to manage these communications and marketing efforts, please see “Your Privacy Choices” below); 

• Work with agencies, ad networks, technology providers, and other third parties to place ads about our products and services on other websites and services. For example, we place ads through Google and Facebook that you may view on their platforms as well as on other websites and services; and

• Fulfill any other purpose permitted with your consent at the time you provide Personal Information.

We may disclose information about you, including Personal Information, for any purposes consistent with our statements under this Privacy Policy or as permitted by applicable law, including as follows:

• Service Providers. We may disclose information about you to our agents, vendors, consultants, or other service providers (“Service Providers”) in connection with their work on our behalf. For example, we may engage Service Providers to operate or host parts of the Service, provide services related to the online components of and games, fulfill your product orders, assist with our Promotions (defined below), or provide analytics or marketing services. To the extent required by law, these Service Providers are prohibited from using your Personal Information for any purpose other than to provide this assistance, although we may permit them to use aggregate information which does not identify you or de-identified data for other purposes. 

• Publishers, Platforms, and Retailers. We may disclose information about you to third party publishers, third party platform providers, such as Microsoft, Sony, and Valve, and third party retailers, and their affiliates, in connection with providing you with our Service and facilitating your requests.

• Protection of Rights. We must disclose information about you in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also disclose information about you to: (i) comply with any applicable law, regulation, or legal process, such as a court order or subpoena; (ii) detect, prevent, or otherwise address fraud, security or technical issues associated with the Service or violations of our Terms of Use, or (iii) protect the rights, property or safety of GMH, its employees, clients, or users of the Service or others.

• Asset transfers. We may disclose information about you in connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business. 

• Internal Business Purposes. We may disclose information about you to our affiliates for internal business purposes.

• Business partners. We disclose information to our business partners in connection with offering co-branded services, selling or distributing our products, or engaging in joint marketing or promotional activities. 

• Affiliates. We disclose information to our affiliates and related entities, including where they act as our service providers subject to this Privacy Policy or use the information in accordance with their own privacy policies.

• Consent. We may disclose information about you with your consent.

Without limiting the foregoing, in our sole discretion, we may disclose aggregated information which does not identify you or de-identified information about you with third parties or affiliates for any purpose. 

5. SWEEPSTAKES, CONTESTS, AND PROMOTIONS

We may offer sweepstakes, contests, surveys, and other promotions (each, a “Promotion”) jointly sponsored or offered by third parties that may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your Personal Information may be disclosed to third parties for administrative purposes and as required by law (e.g., on a winners list). By entering, you agree to the official rules that govern that Promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.

6. THIRD PARTY SERVICES, FEATURES, AND DEVICES

Our Service contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”). In addition, our Service contains features that allow you interact with, connect to, or access our Service through certain Third Party Services and third party devices (“Third Party Features”). For example, you use a Third Party Feature when you play our games on third party platforms and/or devices, or broadcast your videos over third party video platforms, such as Twitch. Remember that third parties may use Tracking Technologies to independently collect information about you and may solicit Personal Information from you. Also, if you use a Third Party Feature, both we and the applicable third party may have access to and use information associated with your use of the Third Party Feature.

The information collected and stored by third parties, whether through our Service, a Third Party Service, a Third Party Feature, or a third party device, remains subject to their own policies and practices, including what information they share with us, your choices on their services and devices, and whether they store information in the U.S. or elsewhere. We are not responsible for and make no representations regarding third party policies and practices, and encourage you to familiarize yourself with and consult their privacy policies and terms of use. To the extent we combine information we receive from third parties with Personal Information we collect directly from you on the Service, we will treat the combined information as Personal Information under this Privacy Policy. 

For further information on Tracking Technologies and your choices regarding them, please see “Information Collected Automatically” above and “Your Privacy Choices” below.

Region-Specific Rights.

Some regions provide additional rights by law, as described in our region-specific terms. This subsection details how you may exercise some of those rights to the extent they apply to you.

Data subject requests. To access, correct, delete, or exercise similar rights available to you in your region with respect to your information, please submit a request through our form here or call our toll-free number at (859) 412-2177

Tracking Technologies Generally

Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings.  Browsers offer different functionalities and options so you may need to set them separately. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your device.

Please be aware that if you disable or remove these technologies some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit.  Except as required by law, we do not monitor or take any action with respect to these “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.

Analytics

You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on.

Communications

You may opt-out of receiving marketing emails from us at any time by following the instructions as provided in marketing emails to click on the unsubscribe link or by sending an email to us here with the word UNSUBSCRIBE in the subject field of the email. Please note that your opt out is limited to the email address used and will not affect subsequent subscriptions or non-promotional communications, such as those about your transactions, servicing, or GMH’s ongoing business relations.

These additional rights and disclosures apply only to California residents. Terms have the meaning ascribed to them in the California Consumer Privacy Act as amended by the California Privacy Rights Act (“CPRA”), unless otherwise stated.

Notice at Collection.

At or before the time of collection of your personal information, you have a right to receive notice of our data practices. Our data practices are as follows:

• For the categories of personal information we have collected in the past 12 month, see the Information Collection section above.

• For the categories of sources from which personal information is collected, see the Information Collection section above.

• For the specific business and commercial purposes for collecting and using personal information, see the Use of Information section above.

• For the categories of third parties to whom information is disclosed, see the Disclosure of Information section above. 

• For the criteria used to determine the period of time information will be retained, see the Retention section below.

We do not “sell” or “share” your personal information as those terms as defined by the CPRA. We do not knowingly sell or share the personal information of minors under 16 years old who are California residents.

Some of the personal information we collect may be considered sensitive personal information under the CPRA. For example, payment information. We collect, use, and disclose such sensitive personal information only for the permissible business purposes for sensitive personal information under the CPRA or without the purpose of inferring characteristics about consumers. We do not sell or share sensitive personal information. 

RIGHT TO KNOW, CORRECT, AND DELETE

You have the following rights under the CPRA:

• The right to know what personal information we have collected about you, including the categories of personal information, the categories of sources from which personal information is collected, the business or commercial purposes for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about you. 

• The right to correct inaccurate personal information that we maintain about you.

• The right to delete personal information we have collected from you.

To exercise any of these rights, please follow the instructions for data subject requests in the Your Privacy Choices section above. Please note these rights are subject to exceptions. We will confirm receipt of your request within 10 business days and respond to your request within 45 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your request. 

    AUTHORIZED AGENT

You can designate an authorized agent to submit requests on your behalf. Requests must be submitted through the designated methods listed above. Except for opt-out requests, we will require written proof of the agent’s permission to do so and may verify your identity directly. 

    RIGHT TO NON-DISCRIMINATION 

You have the right not to receive discriminatory treatment by us for the exercise of any your rights. 

    SHINE THE LIGHT

California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt in to, or opt out of, this type of sharing.

GMH may share personal information as defined by California’s “Shine the Light” law with third parties and/or affiliates for such third parties’ and affiliates’ own direct marketing purposes. If you are a California resident and wish to obtain information about our compliance with this law, please email us here or send us a letter to Gun Media Holdings, Inc. ATTN:Privacy 838 E High St #308, Lexington, KY 40502. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that GMH is not required to respond to requests made by means other than through the provided email address or mail address.

    MINORS 

Any California residents under the age of eighteen (18) who have registered to use the Service and who have posted content or information on the Service, can request that such information be removed from the Service by sending an email to us here. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.

These additional rights and disclosures apply only to residents of Colorado, Connecticut, Utah, and Virginia. Terms have the meaning ascribed to them in the Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CTDPA”), the Utah Consumer Privacy Act (“UCPA”), and the Virginia Consumer Data Protection Act (“VCDPA”), as applicable.

DATA SUBJECT REQUESTS 

You may have the following rights under applicable law:

• To confirm whether or not we are processing your personal data

• To access your personal data

• To correct inaccuracies in your personal data

• To delete your personal data

• To obtain a copy of your personal data that you previously provided to us in a portable and readily usable format

To exercise any of these rights, please follow the instructions for data subject requests in the Your Privacy Choices section above. Please note these rights are subject to exceptions. We will respond to your request within 45 days. We may require specific information from you to help us confirm your identity and process your request. If we are unable to verify your identity, we may deny your request. We do not process personal data for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects concerning consumers.

    AUTHORIZED AGENT 

You can designate an authorized agent to submit requests on your behalf. Requests must be submitted through the designated methods listed above. Except for opt-out requests, we will require written proof of the agent’s permission to do so and may verify your identity directly.

    APPEALS 

If we refuse to take action on a request, you may appeal our decision within a reasonable period time by contacting us at privacy@fearthegun.com and specifying you wish to appeal. Within 60 days of our receipt of your appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, you may submit a complaint as follows:

• For Colorado residents, to the Colorado AG at https://coag.gov/file-complaint/

• For Connecticut residents, to the Connecticut AG at https://www.dir.ct.gov/ag/complaint/

• For Virginia residents, to the AG at https://www.oag.state.va.us/consumercomplaintform

If you are a Nevada consumer, you have the right to direct us not to sell certain information that we have collected or will collect about you. To exercise this right, please follow the instructions for submitting a data subject request in the Your Privacy Choices section above. 

These additional disclosures and rights apply only to individuals located in the European Economic Area, Switzerland, or the United Kingdom (collectively, “Europe”). Terms have the meaning ascribed to them in the General Data Protection Regulation (“GDPR”).

    ROLES

Company acts as a controller with respect to personal data collected as you interact with our Service. 

LAWFUL BASIS FOR PROCESSING

Data protection laws in Europe require a “lawful basis” for processing personal data. Our lawful bases include where: (a) you have given consent to the processing for one or more specific purposes, either to us or to our service providers, partners; (b) processing is necessary for the performance of a contract with you; (c) processing is necessary for compliance with a legal obligation; or (d) processing is necessary for the purposes of the legitimate interests pursued by us or a third party, and your interests and fundamental rights and freedoms do not override those interests. Where applicable, we will transfer your personal data to third countries subject to appropriate or suitable safeguards, such as standard contractual clauses.

DATA SUBJECT REQUESTS

You have the right to access, rectify, or erase any personal data we have collected about you. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.

To exercise any of these rights, please follow the instructions for data subject requests in the Your Privacy Choices section above. We will respond to your request within 30 days. We may require specific information from you to help us confirm your identity and process your request. For details on our retention practices for personal data, see the Retention section below.

You also have the right to lodge a complaint with the data protection regulator in your jurisdiction.

DATA PRIVACY FRAMEWORK AND INTERNATIONAL TRANSFER 

We are based in the U.S. and the information we and our Service Providers collect is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored and used in the U.S. Data protection laws in the U.S. may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing and storage of your information, including Personal Information, in the U.S. as set forth in this Privacy Policy.  

GMH complies with the EU-US Data Privacy Framework (“EU-U.S. DPF”) and the Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information from the European Union and Switzerland to the United States, respectively. GMH has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles”) and the Swiss-U.S. Data Privacy Framework Principles (“Swiss-U.S. DPF Principles”) (collectively, the “Principles”) with regard to the processing of personal data received from the European Union and Switzerland respectively. If there is any conflict between the terms in this privacy policy and the Principles, the Principles shall govern. 

In accordance with our obligations under the DPF we hereby affirm our commitment to subject to the Principles all Personal Information transferred from the European Union and Switzerland in reliance on the DPF. This means that, in addition to our other obligations under the Principles, we shall be liable to you for any third party agent to which we transfer your Personal Information and that processes such Personal Information in a manner that violates the Principles, unless we can demonstrate that we are not responsible for the resulting damages. GMH is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. 

In the event that you have any inquiry, dispute, or claim arising out of or relating to our compliance with the DPF, please email us here or send us a letter to Gun Media Holdings, Inc. ATTN:Privacy 838 E High St. #308, Lexington, KY 40502. If we are unable to resolve your complaint directly, you may submit your complaint at no cost to you to JAMS at https://www.jamsadr.com/dpf-dispute-resolution. In the event there are residual complaints that have not been resolved by JAMS, or any other means, you may seek a non-monetary remedy through binding arbitration to be provided to you in accordance with the DPF.

To learn more about the DPF, and to view GMH’s certification, please visit https://www.dataprivacyframework.gov/s/participant-search. 

8. CHILDREN

The Service is intended for a general audience and not directed to children under thirteen (13) years of age. GMH does not knowingly collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) in a manner that is not permitted by COPPA. If you are a parent or guardian and believe GMH has collected such information in a manner not permitted by COPPA, please email us here or send us a letter to Gun Media Holdings, Inc. ATTN:Privacy 838 E High St #308, Lexington, KY 40502, and we will remove such data to the extent required by COPPA.

9. DATA SECURITY

We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of your information collected through our Service.

We retain information for the length of time that is reasonably necessary for the purpose for which it was collected, and as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.

11. CHANGES TO THIS PRIVACY POLICY

We reserve the right to revise and reissue this Privacy Policy at any time. Any changes will be effective immediately upon posting of the revised Privacy Policy. Your continued use of our Service indicates your consent to the Privacy Policy then posted. If the changes are material, we may provide you additional notice, to your email address. 

12. CONTACT US

If you have any questions or comments about this policy, including our compliance with the DPF, please e-mail us here or send us a letter to Gun Media Holdings, Inc. ATTN:Privacy 838 E High St. #308, Lexington, KY 40502