Privacy Policy

BALLS TO THE WALL

Privacy Policy

Last Updated: January 14, 2025

 

INTRODUCTION

 

This application is owned by Cat City Games Inc. (“Owner,” “Company” or “we,” “our” or “us”). We respect your privacy and want to protect your personal information. This Privacy Policy governs this application, products, services, and any interactive features, or other services (collectively, the “App” or “Services”) that post a link to this Privacy Policy. This Privacy Policy also applies to information (including the “Personal Information” defined below) that we may collect from you via your interaction with the App or other communication with our personnel or in any other instance when you contact us.

 

We are required by law to tell you what information we collect from you, why we collect it, how we use it, under what circumstances we may share it with third parties, how we protect that information, and how you may opt out of the sale or sharing of that information. As a preliminary matter, we handle all information you provide us with the utmost confidentiality. Your personal information will only be shared with members of our team who need to know this information in order for us to provide Services to you. At times, we may need to disclose your personal information to independent third parties who may be assisting us with providing Services to you, as set forth in this Policy. If you have questions about this Privacy Policy, contact us at [email protected].

 

Please note that if you voluntarily provide your information in the course of interacting with our App or otherwise using our Services, we will take that as your agreement to our collection, use, and disclosure of your information as set forth in this Privacy Policy. By using our App, you consent to our Privacy Policy.

 

This Privacy Policy does not apply to any products, services, websites, or content that are offered by third parties (“Third Party Services”), which are governed by their respective privacy policies. Please review those policies prior to accessing or sharing any data with those third parties.

 

WHAT INFORMATION WE COLLECT

 

(a)

Information You Provide to Us

In connection with the Services we provide, we may ask you to provide us with certain information, including ((i) and (ii) are collectively referred to hereinafter as “Personal Information”):

 

(i)

your username and your birthdate;

(ii)

other information that could reasonably be used to identify you personally or identify your household or device; and/or

(iii)

demographic information, such as your country, state, or county of residence (“Demographic Information”).

 

Your decision to provide us with information is voluntary, but if you choose not to provide any requested information, you may not be able to utilize all of the App’s features or our Services. We use that information to allow you to access and utilize the App and our Services.

 

(b)

Automatic Collection

 

In addition to information that you choose to submit to us, we and/or our service providers may automatically collect and/or store certain information when you visit or interact with the App (“Usage Information”). This Usage Information may be stored and/or accessed from your personal computer, laptop, tablet, mobile phone, or other device (a “Device”) whenever you visit or interact with our App(s). Usage Information may include:

 

  • Your IP address or another unique identifier (“Device Identifier”);
  • Your Device functionality (including operating system, hardware, mobile network information);
  • The areas within our App that you visit and your activities there, including remembering you and your preferences;
  • Your Device’s general location or other geolocation information, including the zip code, state, or country from which you accessed the Services;
  • Your Device characteristics;
  • Spatial data; and
  • Certain other Device data, including the time of day you visit our App.

 

If you no longer wish for us or our service providers to collect and use location information, you may disable the location features on your device. Consult your device manufacturer settings for instructions. Please note that if you disable such features, your ability to access certain features, Services, or content may be limited or disabled.

 

(c)

Use of Tracking Technologies

 

We may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device and are used for a variety of purposes, including:

 

  • To allow you to use and access the App, including for the prevention of fraudulent activity and improved security functionality;
  • To assess the performance of the App, including as part of our analytic practices or otherwise to improve the content offered through the App; and
  • To offer you enhanced functionality when accessing the App, including identifying you when you sign into our App or keeping track of your specified preferences.

 

(d)

Sources of Personal Information

 

Additionally, we may obtain Personal Information from you where you expressly provide us with the information. Examples of sources from which we collect information include:

 

  • phone calls with you,
  • letters or e-mails from you, and/or
  • information provided via inputs/uploads into our App(s).

 

(e)

Information We Collect When You Interact with Third-Party Apps

 

The App may include functionality that allows certain kinds of interactions between the App and your account on a third-party website or application. The use of this functionality may involve the third-party site providing information to us. For example, we may provide links on the App to facilitate sending a communication from the App or we may use third parties to facilitate emails or postings to social media (like a “Share” or “Forward” button). These third parties may retain any information used or provided in any such communications or activities and these third parties’ practices are not subject to our Privacy Policy. We may not control or have access to your communications through these third parties. Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should read the applicable third-party privacy policies before using such third-party tools on our App.

 

 

WHY WE COLLECT INFORMATION

 

We may use your information for various purposes, including:

 

  • Responding to your requests for information;
  • Providing Services and other professional services to you:
  • Verifying your identity and for fraud prevention;
  • Providing you with the functionality and features of the App;
  • Providing you with updates and information about products and services we provide;
  • Sending you marketing information about us and our affiliated entities;
  • Sending you email communications;
  • Improving the effectiveness of our App and our product and service offerings;
  • Identifying your product and service preferences;
  • Helping us address problems with and improve our App and our products and services, including testing and creating new products, features, and services;
  • Providing communications and messages;
  • Protecting the security and integrity of the App, including understanding and resolving any technical and security issues reported on our Apps;
  • Engaging in analysis, research, and reports regarding the use of our App and Services;
  • For internal business purposes;
  • Complying with the law and protecting the safety, rights, property, or security of our business, the Services, and the general public; and
  • For purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

 

WHEN WE DISCLOSE INFORMATION

 

As a general rule, we do not disclose Personal Information about users to anyone. However, to the extent permitted by law and any applicable state Code of Professional Conduct, certain nonpublic information about you may be disclosed in the following situations:

 

  • To comply with a validly issued and enforceable subpoena or summons.
  • In conjunction with a prospective purchase, sale, or merger of all or part of our App, provided that we take appropriate precautions (for example, through a written confidentiality agreement) so the prospective purchaser or merger partner does not disclose information obtained in the course of the review.
  • As a part of any actual or threatened legal proceedings or alternative dispute resolution proceedings either initiated by or against us, provided we disclose only the information necessary to file, pursue, or defend against the lawsuit and take reasonable precautions to ensure that the information disclosed does not become a matter of public record.
  • To provide information to our affiliates and nonaffiliated third parties who perform services or functions for us in conjunction with our services to you, but only if we have a contractual agreement with the other party which prohibits them from disclosing or using the information other than for the purposes for which it was disclosed. Examples of such disclosures include subscribing to a software-services provider for processing or storing user data or enabling functionality required by the App, or the sharing of user names and app scores with a third-party service provider for the storage and maintenance of these publicly-viewable app statistics or “leaderboards.”

 

We may aggregate, de-identify, and/or anonymize any information collected through the App or Services such that such information is no longer linked to your personally identifiable information. We may use and share this aggregated and anonymized information (non-Personal Information) for any purpose, including without limitation, for research purposes.

 

The App utilizes licensed software and services from independent third-party service providers; we have a contractual agreement with these software licensors which prohibits these service providers from disclosing or using the information other than for the purposes for which it was disclosed to them pursuant to our contractual agreement. This disclosure is necessary for providing the App and its functionality to you.

 

Finally, we do not share your information for any marketing purposes. While your information is not shared or sold for marketing purposes, if you are a California resident, you still have the right to request additional information regarding the “sale” or sharing of your information for marketing purposes. Please see the Section entitled “Your California Privacy Rights” below about these rights. Despite this section however, we may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information and as otherwise provided for in this Privacy Policy.

 

YOUR CHOICES ABOUT THE INFORMATION WE COLLECT

 

If you do not wish to receive e-mails about special offers, events, and other promotions from us, email us at [email protected] to opt out or click the link in the email to “unsubscribe.”

 

Please note that certain of your personal information, such as your username or other identifying information, may remain in our database even after a deletion request in order to maintain the integrity and historical record of our database and systems, or to comply with applicable laws and regulations.

 

Children’s Privacy

 

Owner recognizes the importance of children’s safety and privacy. The App(s) are not designed to attract children and are not intended for use by any children under the age of 16. We do not request, or knowingly collect, any personally identifiable information from children under the age of 16. If you are the parent or guardian of a child under 16 who has provided her or his information to us, please contact us at [email protected] to request the deletion of that information.

 

GLOBAL PRIVACY CONTROL

 

New standards are being developed for a universal Opt-Out Mechanism, such as the Global Privacy Control (“GPC”), which allows users with GPC-enabled devices to send a signal that will communicate the user’s request to opt-out of sales of their personal information and to opt-out of certain sharing of their personal information. The CPRA and other laws allow for the acceptance of Opt-Out Preference Signals such as the GPC, as an option for individuals to transmit an Opt-Out request for the selling or sharing of personal information. If we detect and recognize such a signal from your device, we will honor it.

 

 

Visitors to the App Outside of the United States

 

If you are visiting the App from a location outside of the U.S., your App access will be through local Internet service providers and to servers located in the U.S. All information you receive from the App will be created on servers located in the U.S., and all information you provide will be maintained on data servers and systems located within the U.S. Our affiliates’ and nonaffiliated third parties who perform services or functions for us in conjunction with our services to you may have servers in locations outside of the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the App or providing us with any information, you consent to the transfer to, and processing, usage, sharing, and storage of your information in the United States and in other countries, as set forth in this Privacy Policy.

 

Updating Personal Information

 

We prefer to keep your Personal Information accurate and up to date. If you would like to change your contact information, please contact us through the App or at [email protected].

 

If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons, such as a legitimate business reason.

 

In addition, please note that if you implement a deletion request but later sign up for information or Services, your most recent request will control our information relationship with you.

 

Links

 

For your convenience, the App(s) and this Privacy Policy may contain links to other websites. Owner is not responsible for the privacy practices, advertising, products, services, or the content of such other websites. None of the links on the App(s) should be deemed to imply that Owner endorses or has any affiliation with the links.

 

Security

 

We and our software service providers incorporate commercially reasonable safeguards to help protect and secure your Personal Information. We use secure server software (TLS/SSL) to process all user requests that occur on the App. TLS/SSL technology can encrypt Personal Information transmitted over the Internet. However, no data transmission over the Internet, mobile networks, wireless transmission, or electronic storage of information can be guaranteed 100% secure. As a result, we cannot guarantee or warrant the security of any information you transmit to or from our App, and you provide us with your information at your own risk. We shall not be liable for unauthorized disclosure of Personal Information due to no fault of Owner including, but not limited to, errors in transmission and unauthorized acts of Owner staff and/or third parties.

 

 

 

Retention and Deletion of Information

 

Owner will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your Information to comply with applicable laws), complete transactions, resolve disputes and enforce our legal agreements and policies.

 

Owner will also retain Usage Data for internal analysis purposes. Usage Data is data collected automatically either generated by the use of the App or from the App infrastructure itself (for example, the duration of a page visit). Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our App or we are legally obligated to retain this data for longer periods.

 

You may make a written request to us to delete your personal information as described above, and you must include your full name, user name, and email address. We may require you to verify your identity or your authority to make the request. You may call, email, or write us with your request at the contact information below.

 

Email Address:

[email protected]

 

Address:

33490 Date Palm Drive #3338

Cathedral City, California 92235

 

If your deletion request is subject to any exception, we will inform you accordingly and delete your personal information upon completion of the exception. Once your request to delete is processed, we will make reasonable efforts to delete your personal information from our records and request the same of our affiliates and nonaffiliated third parties who perform services or functions for us in conjunction with our services to you, except where retention is necessary or permitted under applicable law.

 

 

 

Transfer of Information

 

Your information, including Personal Information, may be transferred to – and maintained on – computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

 

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

 

Owner will take all the steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information, including data processing agreements (“DPAs”) incorporating standard contractual clauses, where necessary.

 

Disclosure of Personal Information

 

Under certain circumstances, Owner may be required to disclose your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

 

Moreover, the App may feature functionality that enables users to communicate with other users. You should also be aware that when your Personal Information is voluntarily disclosed (i.e. your name, email address, etc.) by you through use of the App to another user, or in other public areas on the App, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages (including unwanted spam messages) from third parties. Such activities are beyond our control and this Privacy Policy does not apply to such information. Owner has no control over this communication, nor does Owner retain or save this communication.

 

Legal Requirements

 

Owner may disclose your Personal Information in the good faith belief that such action is necessary to:

 

  • To comply with a legal obligation.
  • To protect and defend the rights or property of Owner.
  • To prevent or investigate possible wrongdoing in connection with the Services.
  • To protect the personal safety of users of the Service or the public.
  • To protect against legal liability

 

Security of Information

 

Please note that we may ask you to verify your identity before responding to your requests.

Should you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority; however, we hope that we can assist with any queries or concerns you may have about our use of your Personal Information first. You may contact us at [email protected] with any questions.

 

 

Your California Privacy Rights

 

This Privacy Notice is for California Residents and applies solely to all visitors, users, and others who reside in the State of California (“Consumers”). We adopt this Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) the California Privacy Rights Act (“CPRA”) and other California privacy laws. Any terms defined in the CCPA or CPRA have the same meaning when used in this Section.

 

Owner collects certain types of personal information about you during your relationship with Owner as a user, resident, owner, or visitor. In particular, our App has collected the following categories of Personal Information from its consumers within the last twelve (12) months: 

 

Category

Collected

A. Identifiers.

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

YES

C. Protected classification characteristics under California or federal law.

YES

D. Commercial information.

YES

E. Biometric information.

NO

F. Internet or other similar network activity.

YES

G. Geolocation data.

YES

H. Sensory data.

YES

I. Professional or employment-related information.

NO

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

NO

K. Inferences drawn from other personal information.

YES

 

For purposes of the CCPA, Personal information does not include:

 

  • Publicly available information from government records.
  • Lawfully obtained, truthful information that is a matter of public concern.
  • De-identified or aggregated consumer information.
  • Information excluded from the CCPA and CPRA’s scope, such as:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

 

Under California law, if you are a resident of California, under certain circumstances, you have the right to request certain information that we have collected about you during the twelve (12) months preceding the request, including:

 

(1) The categories of Personal Information we have collected from you;
(2) The categories of sources from which we collected the Personal Information;
(3) The business purpose we have for collecting or sharing that Personal Information;
(4) The categories of third parties, if any, with whom we share such Personal Information; and
(5) The specific pieces of Personal Information we have collected about you.


In addition, you may request that we provide you with any of the following:

 

  • The categories of Personal Information that we sold or shared about you, if any, and the categories of third parties, if any, to whom the personal information was sold or shared, by category or categories of Personal Information for each category of third parties to whom the information was sold or shared during the twelve (12) months preceding the request;
  • The categories of Personal Information that we have disclosed about you for a business purpose during the twelve (12) months preceding the request;
  • The category or categories of consumers’ Personal Information that we have sold;
  • If we have not sold consumers’ Personal Information, the category or categories of consumers’ Personal Information that we have disclosed for a business purpose during the twelve (12) months preceding the request.

 

You have the right to receive a copy of your electronic personal information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit this information to another entity without hindrance, delivered within forty-five (45) days of your request.

 

Under the CCPA and CPRA, you have the right to request the deletion of your personal information that we have collected, subject to certain exceptions. Please note that we may be required to retain some of your personal information for specific purposes, such as to complete transactions, comply with legal obligations, or resolve disputes. If your request is subject to any exception, we will inform you accordingly and delete your personal information upon completion of the exception. Once your request to delete is processed, we will make reasonable efforts to delete your personal information from our records and request the same of our affiliates and nonaffiliated third parties who perform services or functions for us in conjunction with our services to you, except where retention is necessary or permitted under applicable law.

 

 

Please note that if we collected information about you for a single one-time transaction and do not keep that information in the ordinary course of business, that information will not be retained for purposes of a request under this section. In addition, if we have de-identified or anonymized data about you, we are not required to and will not re-identify or otherwise link your identity to that data if it is not otherwise maintained that way in our records.

 

Even though we do not share your information for marketing purposes, California’s privacy laws require a company to provide notice to California users of their rights to receive information on to which entities their information was shared for marketing purposes. Beginning on January 1, 2005, California Civil Code Section 1798.83 permits users of the App who are California residents to request certain information regarding Owner’s disclosure of Personal Information for their direct marketing purposes. To make such a request, please send a request to [email protected] Within thirty (30) days of receiving such a request, if your information was shared for marketing purposes, Owner will provide a list of the categories of Personal Information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. Owner reserves its right not to respond to requests submitted other than to the address specified in this paragraph.

 

We will not discriminate against you for exercising any of your CCPA and CPRA rights. Unless permitted by the CCPA or CPRA, we will not:

 

  • Deny you access to the App, goods, or services.
  • Charge you different prices or rates for access to the App, goods, or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of access, goods, or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

 

As a California resident, you also have the right, at any time, to tell us not to sell or share Personal Information – this is called the “right to opt-out” of the sale or sharing of Personal Information. You may opt-out by contacting us at [email protected].

 

You may make a written request to us to request this information or exercise any of your rights described above. We may require you to confirm your identity and your residency in order to obtain the information, and you are only entitled to make this request up to twice a year. You may call, email, or write us with your request at the contact information below. Please include “California Privacy Rights” as the subject line. You must include your full name, email address, and attest to the fact that you are a California resident by including a California postal address in your request. We will respond to your request within 45 days or let you know if we need additional time.

 

Email Address:

[email protected]

 

Owner does not collect or process sensitive information.

 

Questions / Changes in Privacy Policy

 

If you have questions or concerns with respect to our Privacy Policy, you may contact us at [email protected]. We may elect to change or amend our Privacy Policy; in such event, we will post the policy changes in our Privacy Policy on the App, and they will become effective on the date posted. If you are concerned about how your personal information is used, please visit our App often for this and other important announcements and updates.