Reality Smash, Inc. (“Reality Smash” or “we”) respects your privacy and is committed to protecting it. This Privacy Policy (“Policy”) together with our End User License Agreement (the “Terms of Service”) (available at www.goarenajam.com/terms-of-service) is for users of our website (www.goarenajam.com) and our game application (the “App”), Arena Jam (collectively, the “Services”). The Policy describes how we may collect, use, and share your Personal Information in connection with operating the Services. It also explains related rights and choices you may have. Rights described in this Policy, or that you may have under certain consumer protection laws, may not apply if you are using the Service on behalf of a business, non-profit or other organization that is our customer.

You may see other privacy notices when we collect your Personal Information for certain purposes. Those notices supplement this Policy.

By using a Service, you consent to the practices described in this Policy, unless another form of consent is required under applicable law. 

When we say “Personal Information,” we mean information that can reasonably be linked to a particular individual or their household. Generally speaking, your Personal Information includes your unique identifiers (full name, phone number, email address, user name, etc.), and information about your characteristics, conditions or behavior that is associated with one of your identifiers or could otherwise reasonably be linked to you.

“Non-Personal Information,” on the other hand, has been anonymized, aggregated or de-identified such that it cannot reasonably be linked to a particular individual or their household.

The categories of Personal Information that we may collect include:

     ● “Identifiers,” such as first and last name, address, email address, phone number, user name, signature, IP address, cookie ID and similar information.

     ● “Demographic Information,” such as age. Demographic Information may include legally protected classifications.

     ● “Financial Information,” such as payment card information.

     ● “Commercial Information,” such as products purchased, obtained or considered, or information about how you use our Service.

     ● “Session Data,” We may measure, collect and store your Session Data, including information or data related to your eye and head movement, heart rate and breathing, and your mood and feelings (measured through your responses to surveys or questionnaires in the App), in connection with your use of the Services.

     ● “Device or Browser Information,” such as the type of device or browser you use to access the Service.

     ● “Internet Activity,” comments or other content posted to our Service or shared with us via email, browsing activity, social media content, interactions with our Service, and interactions with marketing communications sent on our behalf.

From You When You Provide It. We may collect Identifiers and other Personal Information from you directly when you fill out a form on the Service; create a user account; use the Service; place an order; subscribe to receive emails or newsletters from us; or otherwise communicate with us.

Automatically From Your Device. Like most online services, our Services may passively collect some information from users’ devices in order to make features function correctly, customize the user experience, understand how the Service is being used, or measure the effectiveness of marketing efforts. Some of this data may be collected through the use of browser cookies or similar online tracking technologies, which are explained below. In some cases, we limit this type of collection to Non-Personal Information. However, this data may include Personal Information such as online Identifiers and related Device Information or Internet Activity in some circumstances.

From Third Party Sources. We may obtain information about you from other third party sources. For example, we may collect Identifiers, Professional or Employment Information, or Internet Activity that you have chosen to disclose on social media platforms.

We may combine information collected from other sources with information collected from you or your device. To the extent the information, alone or in combination, constitutes Personal Information, we will treat it as Personal Information as described in this Policy.

We use Personal Information for the following purposes:

     o To process orders and payments

     o To maintain your account

     o To present our Services and analyze how they are used;

     o To secure our Services against fraud, malicious activity, or conduct that may violate our terms of use;

     o To personalize and improve your experience with the Service;

     o To provide you with information, products, or services that you request from us;

     o To notify you about changes to our Service and any products or services we offer or provide through them;

     o To allow you to participate in interactive features on the Service;

     o To provide you with periodic product newsletters and offers;

     o To contact you and provide you with help if you have customer service issues;

     o To contact you to fill out surveys and participate in other types of market research;

     o To measure performance of our marketing efforts;

     o To notify you of new products or services we think you might be interested in;

     o To comply with our legal obligations

     o In any other way we may describe when we collect the information; and

     o For any other purpose with your consent.

We may use Non-Personal Information for any purpose.

De-Identified and Aggregated Information Use. Reality Smash may use your Personal Information and other information about you to create de-identified and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access the Services, or other analyses we create. De-identified and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. De-identified or aggregated information is not Personal Information, and Reality Smash may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information with third parties.

We may share Personal Information with contractors, service providers, and other vendors who assist or support us in providing the Services. Examples of these third party services may include hosting our site, storing data, performing analytics, processing payments, or sending marketing communications. Where necessary and appropriate, our agreements with vendors prohibit them from retaining, using or disclosing the Personal Information we share with them for any purpose other than providing services to us.

We may share your Personal Information with analytics providers, advertising networks, or social media companies to measure performance of our Service or marketing efforts, offer social media features, or deliver interest-based advertising. This sharing may involve the use of browser cookies and similar technologies placed through our Service by our partners, as explained here. For example, when you visit our Site, our partner’s Cookie may cause your browser to automatically send a request to our partner’s server and provide our partner with your IP address, other online Identifiers, Device Information and Internet Activity.

The content you post to the Services may be displayed on the Services. We are not responsible for privacy practices of the other users who will view and use the posted information.

We may have a legal obligation to disclose Personal Information to government authorities or other third parties pursuant to a valid regulatory request, subpoena or court order. We may also need to disclose and otherwise process your Personal Information in accordance with applicable law to prevent physical harm or financial loss, protect the vital interests of a person, enforce our various policies or terms of use, protect our property, services and legal rights, prevent fraud, support auditing, compliance and corporate governance functions, or comply with applicable law.

Information that we collect from our users, including Personal Information, is considered to be a business asset. Thus, if we are acquired by a third party as a result of a transaction such as a merger, consolidation, acquisition, reorganization or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including Personal Information, may be disclosed or transferred to a third party acquirer in connection with the transaction.

We will share your Personal Information with other third parties as you may direct or otherwise consent.

Our Services are not directed to children (individuals under the age of 13). We do not knowingly collect, maintain, or process children’s Personal Information unless the child’s parent or guardian consents and provides the information. If you learn that your child has provided us with Personal Information without your consent, you may alert us at hello@realitysmash.com. If we learn that we have received a child’s Personal Information from a source other than the child’s consenting parent/guardian, we will promptly take steps to delete such information from our files as soon as possible.

A browser cookie is a small piece of data that a website stores in your device’s browser. It holds information that the site uses to function properly, remember your preferences, or personalize your experience. A typical cookie contains a cookie ID, which is a unique string of characters used to identify your browser during the browsing session, or in some cases, during subsequent browsing sessions. Cookies, cookie ID’s and similar pieces of data may be considered Personal Information (Identifiers or Internet Activity) under applicable law.

Other online technologies, similar to cookies, may allow users to be identified and tracked across multiple browsing sessions, and in some cases tracked across different websites and online services for marketing or advertising purposes. These technologies include, but are not necessarily limited to, pixels, web beacons and scripts (collectively with browser cookies, “Cookies”).

Our Service uses “first party” Cookies, which are set by our web domain (www.realitysmash.com). Our Service also uses some “third party” Cookies, which are set by other web domains associated with our vendors or partners. This means that, when you visit our site, your browser may automatically connect to our vendor or partner’s web server, as well as ours, and provide them with access to your online Identifiers and Internet Activity, including information about how you use our site.

Both First Party and Third Party Cookies may be used on our Services for the following purposes:

     ● Essential: Essential Cookies are necessary for site security and to enable you to move around our site and use its features.

     ● Preferences: Preference Cookies allow us to remember your preferences on the Service during a browsing session or across browsing session.

     ● Analytics: Analytics Cookies allow us to analyze use of our Site or Service to evaluate and improve performance.

We don’t use any Cookies that would allow third parties to track you for cross-site advertising purposes.

You can block, disable or delete cookies at any time by changing the settings in your browser. However, blocking, disabling, or deleting cookies may limit your ability to view all the pages of our site or other sites. You can find more information about cookies and other options you may have for restricting them at www.cookiesandyou.com/, and www.aboutads.info/choices.

Your browser may offer a Do Not Track (DNT) setting. If you turn that setting on, your browser sends a signal to websites indicating that you don’t want to be tracked over time or across third party sites. We don’t currently respond to these signals because there is not yet a common understanding of how to process them or a consensus on what “tracking” means.

Whenever made possible, you can request deletion of your Personal Information that has been collected or stored by sending an email request to: hello@realitysmash.com.

You may inquire as to whether we are processing Personal Information about you, request access to Personal Information, and ask that we correct, amend or delete your Personal Information where it is inaccurate. Where otherwise permitted by applicable law, you may send an email to hello@realitysmash.com or use any of the methods set out in this Privacy Policy to request access to, receive (port), seek rectification, or request erasure of Personal Information held about you by us. Please include your full name, email address, and a detailed description of your data request. Such requests will be processed in line with local laws.

Although we make good faith efforts to provide users with access to their Personal Information, there may be circumstances in which we are unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question or where it is commercially proprietary. If we determine that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries.

To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

Reality Smash retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure. By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing.

You may opt-out of our marketing emails by using the unsubscribe link provided in the email.

See Section 7 for options to restrict Cookies.

Our Services may contain links to third-party websites, products or services. If you use these links, you will leave our site. Such links do not constitute or imply an endorsement, sponsorship or recommendation by us of the third party, the third-party website or the information contained therein, and we shall not be responsible or liable for your use thereof. Such use shall be subject to the terms of use and privacy policies applicable to those sites.

We don’t share Personal Information with third parties for their direct marketing purposes.

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially reasonable means to protect your Personal Information, we cannot guarantee its absolute security.

As of December 1, 2022, Reality Smash is not a “business” as defined in the California Consumer Privacy Act of 2018, as amended (CCPA). As our business and operations expand, we are committed to reviewing applicability of the CCPA and other laws regarding privacy or data protection on at least an annual basis, and will update this Policy accordingly if necessary.

Reality Smash is a California corporation headquartered in Garden Grove, California that does not have an office, employees or other establishment in the European Economic Area (EEA) or any other country outside the United States (collectively, with EEA countries, the “Other Countries”). Our Services are not targeted to natural persons in Other Countries. If you visit our website or contact us, your Personal Information will be processed in the United States—which has neither sought nor received a finding of “adequacy” from the European Commission as referenced in Article 25 of the European Union’s General Data Protection Regulation (GDPR)—and will be handled in accordance with this Policy and applicable U.S. law, unless we have agreed otherwise in writing with you or a third party you are affiliated with.

This Privacy Policy is effective as of December 1, 2022 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy. If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

If you have any questions or concerns about this Policy, please contact us via hello@realitysmash.com.