PlayerZero Privacy Policy

Effective Date: August 28, 2022

Thanks for visiting PlayerZero. This Privacy Policy describes how PlayerZero (“we”) collect, use, share and protect information when you interact with our main website www.playerzero.app (the “Site”) and when you use the PlayerZero SaaS analytics software and services (“Services”) and includes Personal Information collected via email, telephone, social media accounts, or other means. This document also explains (1) the information we collect; (2) the specific ways we use and disclose that information; and (3) how you can exercise your privacy rights. By using or accessing the Site or Services, you are accepting the practices described in this Privacy Policy and our processing of your information as described below. Please note that if you are a PlayerZero Customer, when you signed up for the Services, you entered into an agreement with PlayerZero’s terms of use for the Services, which includes obligations in this Privacy Policy and our Acceptable Use Policy (the “Agreement”).

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you, or other sites linked from our Services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our Services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.

Summary

The PlayerZero Services utilize a powerful script that creates a new level of ease for companies to understand the usability of their websites and mobile apps. Companies who use PlayerZero Services can get analytics-driven insights about the impact of certain bugs and issues, and get a step-by-step playback of user sessions on their website or mobile app, enabling meaningful insight into their users’ experience, as an effective way to identify problems and other areas for improvement. PlayerZero additionally gives companies the ability to see the developer data (“devtools”) behind each user session to provide better insight into certain problems. PlayerZero exists to make the digital experience better for end-users, and it is only available to companies that share that goal. Please also note that we use PlayerZero on PlayerZero. In this regard, we use a separate instance of the PlayerZero Services to monitor the instance of PlayerZero Services that our customers use.

In this Privacy Policy, we explain the following:

Section 1: Definitions

“PlayerZero” means Testgram, Inc., a Delaware corporation. We may also refer to PlayerZero as “we,” “us,” or “our.”

“PlayerZero Customer” means any customer that has entered into an agreement with PlayerZero to use the PlayerZero Services on its site, including those in a trial environment.

“Personal Information” means any information which may identify an individual, household or device, directly or indirectly. Examples of Personal Information include, but are not limited to, first and last names, home address, billing address or other physical address, email address, telephone number, etc.

“End-User” refers to a visitor to a website or mobile application that uses the PlayerZero Services or a client of a PlayerZero Customer.

“Visitor” refers to anyone accessing the PlayerZero website: www.playerzero.app or go.playerzero.app.

Section 2: How We Collect Information

We may collect information about you by the following means:

Directly from you, when you provide information to us or interact with us or our affiliates; Automatically when you, or our Customer(s), utilize or interact with our website or our Services; From online advertising companies who may share information about the marketing and advertisements you have seen or clicked on, and from social networks and other sources of publicly available data; From other third party sources that provide consumer data, such as information about your interests, demographic information, and marketing inferences.

Section 3: What Information We Collect

The types of information we collect varies depending on whether you are a:

PlayerZero Visitor PlayerZero Customer An End-User, i.e., someone visiting a website or mobile application that uses PlayerZero Services Please note that some of this information is collected through cookies, web beacons, and other tracking technologies, which may be operated by our partners who assist us in serving ads or providing other services to you.

You may be able to opt out tracking by cookies or control how information collected by cookies is used via a number of means, as described in Section 7. Your Privacy Options.

Your browser or device may include “Do Not Track” functionality. We treat the data of everyone who comes to our site in accordance with this Privacy Policy, regardless of your Do Not Track setting. That means that we will continue to use cookies and other technologies to provide you the features of our website but will block third parties from being able to collect data regarding your interactions with our website via cookies.

3.1 PlayerZero Visitor

This section applies to Personal Information we may process in the usual course of business via the Site.

Usage Details about your interaction with our Site (such as the pages visited, links clicked, non-sensitive text entered, mouse movements, referring URL); Device Information including the IP address and other details of a device that you use to connect with our Services (such as operating system, browser type); Location information from publicly available sources to approximate your geographic region and Internet Service Provider based on your IP address; Contact information and any other information you choose to include when you communicate with us via email, mail, or other channels; Profile and subscription information, such as a username and password, your name, mailing address, e-mail address, user name, or subscription preferences, when you sign up for a free trial of the Services, create an account to license the Services; Survey information in response to questions we may send you through the Services, including for feedback and research purposes; Biographical information, when you inquire about or apply for a position with us; Site usage and session information, as we collect information about your interaction with the Services, including the resources that you access, pages viewed, how much time you spent on a page, and how you reached our website. We also log the details of your visits to our website and information generated in the course of using our website, such as mouse movements, clicks, page visits, text entered, how long you spent on a page, and other details of your actions on our website; User Content you may provide to publicly post to the PlayerZero blog or social media sites via the Services (e.g., comments).

3.2 PlayerZero Customer

This section applies to Personal Information of PlayerZero Customers that we may process via provision of the PlayerZero Services. Please note that PlayerZero requests that all Customers provide notice to their website or mobile application visitors that they use the PlayerZero Services.

Transactional information including payment information and payment history if you engage in transactions through the Services; Usage Details about your interaction with our Site (such as the pages visited, links clicked, non-sensitive text entered, mouse movements, referring URL); Device Information including the IP address and other details of a device that you use to connect with our Services (such as operating system, browser type, mobile network information, and the device's telephone number); Location information we use publicly available sources to approximate your geographic region and Internet Service Provider based on your IP address; Contact information and any other information you choose to include when you communicate with us via email, mail, or other channels; Survey information in response to questions we may send you through the Services, including for feedback and research purposes; User Content you may provide to publicly post to the PlayerZero blog or social media sites via the Services (e.g., comments); Profile and subscription information, such as a username and password, your name, mailing address, e-mail address, user name, or subscription preferences, when you create an account to license the Services; Site usage and session information, as we collect information about your interaction with the Services, including the resources that you access, pages viewed, how much time you spent on a page, and how you reached our website. We also log the details of your visits to our website and information generated in the course of using our website, such as mouse movements, clicks, page visits, text entered, how long you spent on a page, and other details of your actions on our website.

3.3 End-User

For End-Users of a PlayerZero Customer, PlayerZero is acting as a service provider (or processor) to the Customer for PlayerZero’s Services. PlayerZero collects information at the direction of its Customer, and has no direct relationship with the End-User whose information it processes. It is important to understand that when an End-User visits other websites that use the PlayerZero Services, the PlayerZero Customer’s privacy policy applies to that information collected instead of this Privacy Policy.

This section applies to Personal Information PlayerZero may process relating to End-Users of a PlayerZero Customer’s website and mobile apps:

Site and mobile usage and session information. We use first-party cookies on web; a randomly generated ID on Android and iOS for mobile; and local storage on Web and mobile to maintain a coherent scope for a user session across multiple pages or screens on a single website or app. Specifically, we collect information about an End-User's interaction when a PlayerZero Customer uses our Services, including the resources that they access, pages and screens viewed, how much time they spent on a page or screen, and how they reached their website or app. We also log the details of their visits to our Customer’s website or app and information generated in the course of using our Customer’s website or app, such as mouse movements, clicks, page visits, text entered, how long they spent on a page or screen, and other details of their actions on our Customer’s website or app. Please note that PlayerZero does not track sessions between multiple customer websites or apps.

Section 4: How We Use Your Information

4.1 We use the information we collect from Customers as agreed to in the Agreement and for the following purposes:

Complete transactions between you and PlayerZero; Respond to your requests, questions and comments and provide customer support; Support our legitimate interests of maintaining and improving our user experience, and the Site; Create aggregated analytical data, which we can use to provide and improve our respective PlayerZero Services; Monitor the performance of our Services including metrics such as total number of visitors, and traffic; Interact with you, including to notify you regarding products, services, and promotions that may be of interest to you and inform you about important changes to this Privacy Policy, our Terms or other policies; Tailor the content we display to you in our Services and communications, including advertising, and offer products and services that we believe may be of interest to you; Manage, operate, and improve the Services and grow our business, including understanding our customer base and the effectiveness of our marketing, events, promotional campaigns, and publications, and diagnose or fix technology problems; In a support context, to view details of your account to ensure that it complies with your contractual obligations to us; Evaluate, recruit, and hire personnel; Perform any other function that we believe in good faith is necessary to protect the security or proper functioning of the PlayerZero website or the PlayerZero Services; Comply with legal requirements and industry standards, detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal, and protect the rights of PlayerZero, you, or others; Any other purpose, to which you provide Consent. We may use and share information in an aggregated or de-identified manner at our discretion, including for research, analysis, modeling, marketing, and improvement of our Services. Please note that per PlayerZero’s terms and conditions, Customers are prohibited from providing PlayerZero with sensitive data through usage of the Services. Please see our Privacy Resource Hub for more information about how Customers can successfully protect their users' privacy when using PlayerZero.

4.2 We use the information we collect from End-Users of a PlayerZero Customer’s website as agreed to in the Agreement and for the following purposes:

Perform any other function that we believe in good faith is necessary to protect the security or proper functioning of the PlayerZero website or the PlayerZero Services; Comply with legal requirements and industry standards, detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal, and protect the rights of PlayerZero, you, or others. Manage, operate, and improve the Services; Monitor the performance of our Services including metrics such as total number of visitors, and traffic. We may use and share information in an aggregated or de-identified manner at our discretion, including for research, analysis, modeling, marketing, and improvement of our Services.

4.3 General Information on our use of Personal Information

PlayerZero Services do not and will not ever attempt to identify the same person across disparate, unrelated domains. PlayerZero takes pains in its engineering choices to differentiate itself from ad-tracking software. It is a violation of our Acceptable Use Policy for our customers to attempt to build multi-site user profiles for the intent of selling or exchanging lists of users for demographic information.

We do not sell Visitor, Customer, or End-User data to third parties or otherwise share it with non-agent third parties. If this practice should change in the future we will update this policy to identify the parties and illustrate how individuals can exercise their right to opt out of such usage.

Section 5: How We Share Your Information

Service Providers. We may share your information with service providers that we believe need the information to perform a technology, business, or other professional function for us such as billing and collection, IT services, maintenance and hosting of our Services, payment processors, marketing partners, accounting, auditing, and tax services, and other professional services. Analytics. We partner with analytics providers, who collect information via tracking technologies on our websites to assist us with measuring visits and traffic on our websites so we can measure and improve the performance of the sites. Advertising. We partner with third parties who assist us in serving advertising regarding the Services to others who may be interested in the Services, or who use cookies to display interest-based advertising to you on the Services. These third parties may use tracking technologies on our PlayerZero website to collect or receive information from the Services and elsewhere on the internet and use that information to provide measurement services and target ads. Third parties may allow other companies to access information about you so that they may market other products you may be interested in. Social Media. If you interact with us on social media platforms, the platform may be able to collect information about you and your interaction with us. If you interact with social media objects on our Services (for example, by clicking on a Facebook “like” button), both the platform and your connections on the platform may be able to view that activity. To control this sharing of information, please review the privacy policy of the relevant social media platform. Affiliates. We share information with other entities in our corporate family, for purposes consistent with this Privacy Policy. Corporate Event. We reserve the right to transfer to another entity or its affiliates or service providers some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control, or financing transaction. We cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Policy. Legal. We share information where necessary to comply with applicable law, regulations, subpoenas, or to respond to requests from law enforcement agencies or other government authorities or third-parties, as required by law and without your consent when it is necessary to protect our customers, employees, or property; detect, prevent, or otherwise address fraud, security, or technical issues; in emergency situations; or to enforce our rights under our terms of service and policies. Please note that PlayerZero only discloses information to our employees and third-party organizations that (1) need to know such information in order to process it on PlayerZero’s behalf or to provide services as described above, and (2) have agreed not to disclose it to any other parties without PlayerZero’s consent.

Section 6: How We Protect and Store Your Information

PlayerZero takes all reasonably necessary precautions, such as implementing a combination of physical, technical, organizational, and administrative safeguards, to protect the information we collect through the Services. Specifically, at PlayerZero we maintain a robust information security program, institute security controls with the PlayerZero Services, such as TLS certificates and strong authentication options, and give our Customers facilities to exercise good security practices. Although we take reasonable steps designed to protect your Personal Information, please be advised that no security system or means of transmitting data over the Internet can be guaranteed to be entirely secure (including without limitation with respect to computer viruses, malicious software and hacker attacks). We cannot promise that we, or operators who work on our behalf, can withstand security threats in all circumstances.

If you use our Services outside of the United States, you understand that we may collect, process, and store your Personal Information in the United States and other countries.

Section 7: Your Privacy Options

You may have certain choices when it comes to how we collect and use your information:

Account Information. If you have a PlayerZero account, please visit the Account Settings page to update your information, sign up for product and service notifications, and update your PlayerZero plan. Email Marketing. If at any time you no longer wish to receive marketing communications from us, you can click the unsubscribe link at the bottom of any email or email us at privacy@playerzero.app. Online Activity Tracking and Interest-Based Advertising. You have several options to either prevent our collection of information regarding your online activity, or prevent third parties from using such information from being used for interest-based advertisements: You can opt out or set preferences regarding cookies when a device you utilize visits the Sites, by clicking the Cookie Setting on the bottom of this page. You can usually modify your browser setting to disable or reject cookies across the internet. Please note that if you delete your cookies or if you set your browser to decline cookies, some features of our website or Services may not function properly or be available. In particular, PlayerZero will not be able to coalesce your anonymous user identity automatically into sessions across pages on the same website. If you are visiting the Services from a mobile device, the operating system of the device may offer you options regarding how the device collects and uses your information for interest-based advertising. Click here for more information. Visit http://www.networkadvertising.org or http://www.aboutads.info to learn more about your options for opting out of interest-based advertising (or if located in the EEA, UK, or Switzerland, click here). Please note this does not opt you out of being served ads.

Section 8: Children’s Information

We do not knowingly or intentionally gather Personal information about children who are under the age of 13. If you become aware that a child has provided us with Personal Information, a parent or guardian of that child may contact us at privacy@playerzero.app to have the information deleted from our records. If we learn that we have inadvertently collected the Personal Information of a child under 16, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible and cease the use of that information in accordance with applicable law.

Section 9: Jurisdiction-Specific Notices

Certain jurisdictions may provide additional rights to individuals with respect to the collection and use of Personal Information that we have collected. For example, you may have the right to request that we: (i) disclose to you any Personal Information that we have about you; (ii) correct or delete Personal Information that we have about you (subject to certain exceptions); or (iii) not disclose or sell your information to a third party (excluding qualified service providers). If you are a resident of any of the following jurisdictions, click on your location to learn more.

A. California: California Consumer Privacy Act

The California Consumer Privacy Act (“CCPA”) provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of information about them, as well as rights to know/access, delete, and limit sharing of Personal Information. You have the right to be free from discrimination based on your exercise of your CCPA rights.

PlayerZero may disclose your Personal Information to commercial providers for a business purpose, which includes verifying your identity when you make a payment or registering access to your accounts. When we disclose Personal Information for these reasons, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not to use it for any purpose except for the purposes set forth in the contract.

To the extent that we collect Personal Information that is subject to the CCPA, that information and our practices are described in our Privacy Notice for Californians page.

Notice at Collection Regarding the Categories of Personal Information Collected

You have the right to receive notice of the categories of Personal Information we collect, and the purposes for which those categories of Personal Information will be used. The categories we use below to describe the information are those enumerated in the CCPA.

Entities to whom we disclose information for business purposes are service providers, which are companies that we engage to conduct activities on our behalf. Service providers are restricted from using Personal Information for any purpose that is not related to our engagement.

The following chart describes information we collect when you act as a customer or prospective customer of our products and services or visit our website. The sources of this Personal Information are described in the “What Information We Collect” section above. We collect this Personal Information for the purposes described in the “How We Use Your Information” section above.

Information we collect

When you apply for a job with PlayerZero, information may be collected about you in multiple ways: you may provide it to us in connection with your application; we may make observations in the application process or collect information from public information sources; or you may authorize us to collect information from other sources, such as a former employer or reference.

In certain circumstances, you may submit your application for employment through a third-party service that displays our job posting. We do not control the privacy practices of these third-party services. Please review their privacy policies carefully prior to submitting your application materials.

Right to Know and Request Access to and Deletion of Personal Information

You have the right to request access to Personal Information collected about you and information regarding the source of that Personal Information, the purposes for which we collect it, and the third parties and service providers with whom we share it. You also have the right to request in certain circumstances that we delete Personal Information that we have collected directly from you. Please note that any disclosures will only cover the 12-month period preceding the receipt of your request. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.

We will not discriminate against you for exercising any of these rights.

How to Submit a Request

You may submit a request to exercise your rights to know/access or delete your Personal Information by:

Submitting a request via email to privacy@playerzero.app Upon submission of your request, we will contact you via the email address provided in your request. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information. In some instances, such as a request for data deletion, we may first separately confirm that you would like for us to in fact delete your personal information before acting on your request. With all requests, we will aim to complete requests as soon as reasonably practicable and consistent with any timeframes mandated by applicable laws. If we require more time, we will inform you of the reason and extension period in writing. You may authorize another individual or a business registered with the California Secretary of State, or designate an authorized agent, to make requests on your behalf through these means.

In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you; Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities; Debug products to identify and repair errors that impair existing intended functionality; Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law; Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.); Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent; Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; Comply with a legal obligation; or Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

B. EEA, Switzerland, or the UK If you are located in the European Economic Area (EEA), Switzerland, or the UK, you are entitled to certain rights, subject to applicable exceptions, under the GDPR, Swiss, and UK data protection laws. Please note that, in order to verify your identity, we may require you to provide us with information prior to accessing any records containing information about you.

We typically will process your information pursuant to the following legal bases:

with your consent; as necessary to perform our agreement to provide Services to you; or as necessary for our legitimate interests in including but not limited to the following circumstances where collecting or using Personal Information is necessary for: Intra-organization transfers for administrative purposes; Product development and enhancement, where the processing enables PlayerZero to enhance, modify, personalize, or otherwise improve our services and communications for the benefit of our Customers, and to better understand how people interact with our Site and Services; Fraud detection and prevention; Enhancement of our cybersecurity, including improving the security of our network and information systems; and General business operations and diligence;

We also may process your information where it is necessary to comply with a legal obligation to which we are subject.

Lodging a Complaint

Users that reside in the EEA, Switzerland, or the UK have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here (https://ec.europa.eu/newsroom/article29/items/612080).

Section 10: Data Retention

As a general rule, we keep your data for only as long as it is needed to complete the purpose for which it was collected or as required by law. We may need to keep your data for longer than our specified retention periods to honor your requests, including to continue keeping you opted out of marketing emails, to resolve disputes, to enforce our agreements, to protect our assets, or to comply with legal or other obligations.

Section 11: International Transfers

We may, directly or indirectly through third-party entities around the world, process, store, and transfer the information you provide, including your Personal Information, as described in this Privacy Policy. Specifically, the information and Personal Information that we collect may be transferred to, and stored at, a location outside of your jurisdiction, including outside the European Economic Area (EEA) and the United Kingdom, and in countries that are not subject to an adequacy decision by the European Commission and that may not provide for the same level of data protection as your jurisdiction. It may also be processed by staff operating outside of your jurisdiction who work for us or for one of the organizations outlined in this Privacy Policy in connection with the activities outlined in this Privacy Policy.

Our servers are located in the United States. If you are accessing our Services from outside the United States, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information in the United States, and other countries.

If you are a resident of the European Economic Area (EEA) or United Kingdom, then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. However, we will take all necessary measures to protect your personal information in accordance with this privacy notice and applicable law.

Section 12: Updates to This Privacy Policy We may make changes to this Policy from time to time. The “Effective Date” at the top of this page indicates when this Privacy Policy was last revised. We may also notify you in other ways from time to time about the collection, use, and disclosure of your Personal Information described in this Policy.

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