Impulse Gear™ Privacy Policy

Last updated: April 29, 2021

Impulse Gear, Inc. (“Impulse Gear”) is committed to safeguarding consumer privacy on the Internet and protecting the information that you may provide to us. This document (“Privacy Policy“) describes the privacy practices with respect to your access and use of our services, whether through our website (presently located at https://www.impulsegear.com/) or through our online games, blogs, chat rooms, forums, mobile applications and/or computer applications created or controlled by or on behalf of Impulse Gear (collectively, the “Services”). Your use of the Services constitutes acceptance of both this Privacy Policy and our Terms of Use.

This Privacy Policy is intended to provide you with notice of the following:

  1. What personally identifiable information is collected and how it is collected.

  2. Information on cookies and tracking technologies.

  3. Our policies concerning children’s personally identifiable information.

  4. How personally identifiable information that we collect is used and the legal basis for its processing.

  5. With whom personally identifiable information may be shared. (Transfer of personal data.)

  6. Your choices and controls with respect to your personally identifiable information.

  7. How your personally identifiable information is protected.

  8. Our retention of your personally identifiable information.

  9. Use of bulletin boards and chat areas.

  10. Links to other websites and inapplicability of our Privacy Policy.

  11. How you can ask questions or send us comments about this Privacy Policy.

  12. California residents and California privacy rights (and similar laws in other jurisdictions).

  13. Notice of changes to this Privacy Policy.

Please be sure to read this Privacy Policy before using the Services or submitting information to us. This Privacy Policy may change from time to time and your continued use of the Services constitutes acceptance of such changes, so please check this Privacy Policy periodically for updates. The terms and conditions of the Terms of Use are incorporated herein by reference (and to the extent of any inconsistency between the Terms of Use and this Privacy Policy, this Privacy Policy shall govern).

This Privacy Policy is intended to comply with all applicable laws, including, without limitation, the European Union’s General Data Protection Regulation (“GDPR”) and other similar laws throughout the world. 

Impulse Gear is a United States-based company and information you provide to Impulse Gear will be transferred, stored and/or accessed from the United States.

What Personally Identifiable Information Is Collected and How It is Collected

Personally identifiable information, or personal information, is information that identifies you and may be used to contact you either online or offline. Impulse Gear collects personal information when you register and create a user account in order to access certain content and/or utilize aspects of the Services. Reference in this Privacy Policy to the term “personal data” includes personally identifiable information and personal information as all such terms are defined in the GDPR and similar laws throughout the world. Impulse Gear may also collect personally identifiable information during the course of your use of the Services and/or in connection with marketing or email campaigns. We do not require, as a condition of participation in any of our Services, that anyone disclose more information than is reasonably necessary for them to participate in an activity. If GDPR applies to you, in particular if you are located in the European Union, our legal basis to collect, share, use and/or retain your personal data is our performance of the Services for you according to Art. 6(1)(b) and (f) of the GDPR.

The type of personally identifiable information collected will vary depending upon the activity and may include your first and last name; e-mail address; account information for certain third party sites or networks (such as Facebook and Twitter), phone numbers; mailing address; and zip code. We will also collect the contact information of your friends; if you choose to connect those accounts with your Impulse Gear account, we will connect your login credentials to your social network accounts, such as Facebook and Twitter.

We also may automatically collect certain information when you use our Services, such as your location/GPS coordinates (if you enable this feature), a device identifier (but not the UDID), MAC address, Internet Protocol (IP) address (if using a browser), operating system, computer type, software, Internet IP address, the browser type, the address of a referring site and your activity on our website or otherwise using our Services. You can enable or disable location services when you use our website at anytime, through your mobile device settings. If you choose to provide Impulse Gear with a third party’s personal information (such as name, email and/or phone number), you represent that you have the third party’s permission to do so.  This information may not be treated as personal information unless we combine it with or link it to any of the personally identifiable information mentioned above, or unless otherwise required.

If you are using the Services or submitting information to us from outside the United States of America, the information or data that you provide to us may be transferred, stored and processed within the United States of America or other countries where Impulse Gear or its third-party vendors or service providers (including Third Party Providers) maintain facilities or business operations.

Information on Cookies and Tracking Technologies

We use “cookies” as part of the Services, including on Impulse Gear’s website.  Certain of our third party vendors or service providers, such as marketing partners, platform providers and analytic providers, may also use cookies.  A “cookie” is a piece of data stored on a website visitor’s hard drive to help us improve your access to our website and identify repeat visitors to our website. For instance, when a cookie is used to identify you, you would not have to provide a password to log in more than once, thereby saving time while on our website. Cookies can also enable us to track and target the interests of our users to enhance the experience on our website and Services. Usage of a cookie is not linked to any personally identifiable information on our website.

Most browsers are initially set up to accept cookies.  You can, however, reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the technical information relevant to your browser for instructions.  If you chose to disable your cookies setting or refuse to accept a cookie, some parts of the Service may not function properly or may be considerably slower.

Impulse Gear currently uses cookies in conjunction with our use of Google Analytics and Squarespace on the Impulse Gear website.  The names of the Google Analytics cookies and Squarespace cookies, along with their respective retention period (duration period) and the purpose (a description) are listed in our Cookies Policy, which is incorporated into this Privacy Policy by this reference. Acceptance of this Privacy Policy includes, without limitation, acceptance of the Cookies Policy.  In the event of any conflict between any aspect of the Cookies Policy and this Privacy Policy, this Privacy Policy controls and takes precedent.

 

To opt out of having your activity on the website being tracked by Google Analytics please visit https://support.google.com/analytics/answer/181881?hl=en.  For additional information on Google Analytics and its use of cookies please visit https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage. To disable Squarespace Analytics cookies and to learn more about the cookies used by Squarespace visit https://support.squarespace.com/hc/en-us/articles/360001264507-The-cookies-Squarespace-uses.  For additional information on Squarespace’s use of cookies please visit https://www.squarespace.com/cookie-policy.

 

We may also use other tracking technologies such as pixel tags, web beacons, or other web programming code from time to time. Such technologies may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Such technologies may be used for a number of purposes, including, without limitation, to count visitors to the Services, to monitor how users navigate the Services, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed. Such technologies may also enable us to send email messages in a format users can read, tell us whether mail has been opened, and ultimately allow us to reduce or eliminate messages sent to users. Information collected by or from such technologies will be treated as non-personal information. To the extent that Internet Protocol (IP) addresses or similar identifiers may be considered personal information by local law, however, such information will be treated as personal information. To the extent that non-personal information may also be combined with personal information, the combined information will be treated as personal information for the purposes of this Privacy Policy. Our legal basis for these technologies is Art. 6(1)(b) and (f) of the GDPR.

Our Policies Concerning Children’s Personally Identifiable Information

We do not knowingly collect personally identifiable information from someone we know to be a child under the age of thirteen (13) without prior parental consent. IF YOU ARE 13 YEARS OLD OR YOUNGER, PLEASE DO NOT USE OUR SERVICES, INCLUDING, WITHOUT LIMITAITON, OUR WEBSITES, AND DO NOT SUBMIT ANY PERSONAL INFORMATION TO THE SERVICES OR TO IMPULSE GEAR.  Our websites and application may contain features that may be attractive to children; therefore, children should not be granted access to any passwords or use of the parent or guardian’s account without direct monitoring and supervision by the parent or guardian. Impulse Gear is not responsible for any unauthorized use of accounts, and we encourage everyone to protect their passwords and not disclose them to anyone.

How Personally Identifiable Information We Collect is Used and the Legal Basis for it’s Processing

We will only collect information to the extent necessary for us to provide our Services. We will also use personally identifiable information to: provide you with any information or material you may request from us and to process or complete any transactions; respond to your e-mails, questions or comments; analyze usage and trends and personalize and improve our website and your experience when you use our Services such as suggesting content or features that may match your interests and level of gaming experience; send you confirmations, updates, security alerts and support messages; find and connect with your friends and contacts (with your permission); alert you of new products, promotions, special events and offers; and, for any other purpose for which the personally identifiable information was collected. We may also use personally identifiable information to allow us to deliver messages to your personal accounts on certain third party sites or networks, such as Facebook and Twitter. We may also need to use your personally identifiable information to (1) respond to subpoenas or court orders, (2) to establish or exercise our legal rights or defend against legal claims, (3) protect the safety or property of our employees, contractors, customers, users or others or (4) to the extent otherwise required by applicable law.

Personally identifiable information is never sold or leased to any third parties.

The legal basis for our use and processing of personally identifiable information (and your personal data) for the noted purposes is based on the following:

Purpose of the processing Legal basis for the processing
To provide you access to the Services, to administrate your user account and communicate with you regarding your user account and use of the Services. Performance of contract. (Art. 6(1)(b) of the GDPR.)
To keep you informed regarding Impulse Gear’s products and services and company news, as well as other marketing communications. To keep you informed regarding Impulse Gear’s products and services and company news, as well as other marketing communications. Consent. Impulse Gear’s legitimate interest.
To prevent, detect, investigate and take measures against criminal activity, fraud and misuse of or damage to our Services or network, and to take measures against other threats against Impulse Gear’s or a third party's rights. Balancing of interests (Art. 6(1)(f) of the GDPR) where Impulse Gear has pursued the following legitimate interests: - Impulse Gear’s interest of investigating suspicion of and taking measures against misuse of or damage to our services or network; - Impulse Gear’s and/or third party's interest of investigating and producing evidence regarding criminal activity, fraud and other threats against its interest; - Impulse Gear’s interest of establishing and exercising its legal rights; - Impulse Gear’s and/or third party’s right to protect its safety or property; and - Competent authority’s interest of conducting law enforcement activities and collecting evidence for such purposes.
To comply with (i) applicable laws, regulations, court orders, government requests, and law enforcement agencies’ requests, or (ii) the extent otherwise required by applicable law. To comply with (i) applicable laws, regulations, court orders, government requests, and law enforcement agencies’ requests, or (ii) the extent otherwise required by applicable law. Compliance with a legal obligation to which Impulse Gear is subject. (Art. 6(1)(c) of the GDPR.)
To establish or exercise our legal rights or defend against legal claims, or protect the safety or property of our employees, contractors, customers, users or others. Balancing of interests (Art. 6(1)(f) of the GDPR) where Impulse Gear has pursued the following legitimate interests: - Impulse Gear’s interest of pursuing its legal rights; and - Impulse Gear’s interest of safeguarding its business relationships.
Marketing or email campaigns Consent. (Art 6(1)(a) of the GDPR.)

If at any time you wish to opt-out from having your personal data used in order to send you emails from Impulse Gear about new products, services, or promotions (i.e., marketing emails), you may contact us at help@impulsegear.com with the words “Opt Out” in the subject line of your email.

With Whom Personally Identifiable Information May be Shared (Transfer of Personal Data)

Except as described in this Privacy Policy, we do not sell, rent, transfer or give any retained customer information to third parties outside of what is necessary to provide the Services. Such third parties (which include, without limitation, Third Party Providers, as defined below) have access to personally identifiable information needed to perform their functions, but may not use it for other purposes. Included among the personally identifiable information that we may share with third parties in connection with providing the Services are email addresses and/or certain other personally identifiable information. We may also share personally identifiable information with the following: with your friends with whom you want to share information related to your use of the Services, including, without limitation, messages or communications regarding your use of the Services (or any aspect or element of the Services), subject to the preferences you have set for such sharing; with certain social networking services, if you have allowed such sharing to occur; and, with third party users who have provided your personally identifiable information when you have first given us your consent to share personally identifiable information.  As used in this Privacy Policy the term “Third Party Providers” means and includes our development and technology partners, suppliers, service providers, contractors, licensor and licensees.

We may also disclose personally identifiable information to third parties in order to comply with the law or requests by law enforcement agencies, to enforce our Terms of Use, or to protect the rights, property or safety of our website, users of our website and others. We may also share with third parties general information that does not include personally identifiable information, such as demographic, analytical or aggregated non-personally identifiable information.  In the event we are acquired by or merged with another company we may transfer your personally identifiable information to the new company. Personally identifiable information is never sold or leased to any third parties.

In the event we are acquired by or merged with another company or entity we may transfer your personally identifiable information and personal data to the new company or entity.

The information you provide may also be collected, shared, and/or retained by one (1) or more of our service providers, including individuals or entities that we retain to perform some or all of our business operations or who provide support to our business operations (and which include Third Party Providers), all acting on our behalf or for our benefit and in a manner consistent with this Privacy Policy.  References in this Privacy Policy to “Impulse Gear”, “us” or “we” include such individuals or entities.

Your Choices and Control With Respect to Your Personally Identifiable Information

You may request that we delete your user account(s) or, if you have not established a user account, your email address, and any related data at any time.  If you wish to delete your user account(s), please email us at help@impulsegear.com with the words “Delete Account” in the subject line. If you do not have a user account and wish to delete your email address or other personally identifiable information that you might have provided through your use of the Services, please email us at help@impulsegear.com with the words “Delete My Information” in the subject line.

At any time, but only once per calendar year, or as otherwise required under applicable law, you may contact Impulse Gear to review the personally identifiable information that Impulse Gear has collected about you. If you discover any errors, please notify Impulse Gear and the information will be corrected. To review the personally identifiable information that Impulse Gear has collected about you, send an email to help@impulsegear.com with the subject line: “Personal Information Review Request.”

Notwithstanding what is set out in the paragraph above or elsewhere in this Privacy Policy, if the processing of your personal data is subject to GDPR you have the following rights:

  1. The right of access. This is your right to see what data is held about you by us and to receive certain additional information and copies of your personal data.

  2. The right to rectification. The right to have your data corrected or amended if what is held is incorrect in some way.

  3. The right to erasure. Under certain circumstances, including where your personal data is no longer required for the purposes it was collected, or your consent has been withdrawn, you can ask for your personal data to be deleted. This is also called “the right to be forgotten”.

  4. The right to restrict processing. This gives you the right to ask for a restriction to processing of personal data, such as in the case where the accuracy of the data is disputed.

  5. The right to withdraw consent. If processing is based on your consent, you have the right to refuse to provide your consent and – without impact to data processing activities that have taken place before such withdrawal – withdraw your consent to processing of your personal data at any time.

  6. The right to object. You have the right to object on grounds relating to your particular situation, that your personal data is processed. In this case, please provide us with information about your particular situation. After the assessment of the facts presented by you we will either stop processing your personal data or present you our compelling legitimate grounds for continuing to do so.

  7. The right to data portability. This right entitles you to receive a copy of your personal data that you have provided to us in a structured, commonly used and machine-readable format, or request us to transmit your personal data to another data controller.

  8. The right to complain. This means you may lodge a complaint before the competent data protection regulators.

You may exercise the rights referred to above or pose any questions or make any complaints regarding our data processing by contacting us, by sending an email to us at help@impulsegear.com or write to us at the address below.  We will process such requests in accordance with applicable law. 

Please note that if you object, restrict or otherwise refuse the processing of certain or all of your personal data and/or ask that we delete your personal data you might not be able to use some or all of the Services or certain aspects or elements thereof.

How Your Personally Identifiable Information Is Protected

The security of your personally identifiable information is important to us. We have implemented technical, administrative and physical security measures to attempt to protect your personally identifiable information from unauthorized access and improper use. However, please understand that no security measure is perfect or impenetrable and therefore we cannot guarantee the absolute security of your personally identifiable information. We also protect your personally identifiable information offline. Only employees and/or authorized independent contractors or vendors (e.g., Amazon Web Services) who need the information to perform a specific job (for example, customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Our Retention of your Personally Identifiable Information

Impulse Gear does not retain your personally identifiable information (and personal data) longer than is necessary considering the purpose for which such personally identifiable information (and personal data) is processed.  We will save your personally identifiable information (and personal data) for as long as you have a user account or otherwise exercise your right to erase your personal data. Subject to the continued use of your account, your personal data will be retained for as long as we need it to fulfill the purpose for which we have collected it and, if applicable, as long as required by statutory retention requirements and/or if retention is required to comply with applicable law, contractual obligations or to protect the legal interests of Impulse Gear (e.g. in connection to an ongoing legal process).  If you wish to terminate your user account and remove your personal data, please email us at help@impulsegear.com with the words “Delete Account” in the subject line.

Use of Bulletin Boards and Chat Areas

Users of the Services are solely responsible for the content of messages they post on public forums, such as chat rooms and bulletin boards. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number), as well as other personal ideas, photographs, writings, music, comments, suggestions and other materials (collectively “User Content”) on the bulletin boards, blogs, or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.

We process your data to enable the functionality of the above-mentioned features. The legal basis for storing your personal data in connection with your use of these features is Art. 6(1)(b) and (f) of the GDPR.

Please note that Impulse Gear does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. Impulse Gear is not responsible for the privacy or security of any information that you make publicly available on or through the Services or what others do with information you share with them on or through the Services. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties on or through the Services.

Links To Other Websites and Inapplicability of this Privacy Policy

Impulse Gear’s websites may contain links to other websites (which includes, without limitation, social media). Please be aware that we are not responsible for the content or privacy practices of such other websites. This Privacy Policy does not apply to third party websites and we encourage our users to be aware when they leave our websites and to read the privacy statements of any other website that collects personally identifiable information since your rights will be governed by those third party policies (and not by this Privacy Policy or Impulse Gear).

How You Can Ask Questions or Send Us Comments About This Privacy Policy

Impulse Gear welcomes your comments regarding this Privacy Policy. If you have questions about this policy or have technical or general support questions, please contact us at help@impulsegear.com.

You may also write to us at:

 
Impulse Gear, Inc.
Attn: Privacy Policy 
456 Montgomery Street, Suite 500
San Francisco, California 94104
California Residents and California Privacy Rights (and Similar Laws in Other Jurisdictions)

California Civil Code Section 1798.83 permits California residents to request from companies conducting business in California a list of third parties to which the company has disclosed personally identifiable information during the preceding year for direct marketing purposes.  Other states and jurisdictions have or may have similar laws.  Impulse Gear has not and will not share your personally identifiable information with third parties for their direct marketing purposes; accordingly, it will not maintain such a list of third parties. If you are a resident of California or another state or jurisdiction with a similar law and want additional information confirming how Impulse Gear does not share your personally identifiable information with third parties for their direct marketing purposes, you may contact us at help@impulsegear.com with the words “California Privacy” (or include the name of your state or jurisdiction) in the subject line of your email or write to us at the address above and include a heading reference with the words “California Privacy” or [the name of your state or jurisdiction] Privacy.

California Business and Professions Code Section 22581 permits California residents under the age of 18 who are registered users of our website or other aspects of the Services to request and obtain the removal of content or information that they have posted to public forums, such as chat rooms and bulletin boards. As indicated above, other states and jurisdictions have or may have similar laws.  To make such a request (whether further to such a law or a similar law in another state or jurisdiction), please contact us at help@impulsegear.com with the words “California Privacy” (or include the name of your state or jurisdiction) in the subject line of your email, or write to us at the address above and include a heading reference with the words “California Privacy” or [the name of your state or jurisdiction] Privacy, and include in your email or letter a detailed description of the posted content or information that you would like removed. Please note that we are not required to remove content or information you have posted where it has been made anonymous, or if applicable law requires that we maintain such content or information, or if such content or information was posted by a third party registered user of the Service (including content or information that you posted that was stored, republished, or reposted by the third party). 

The California Consumer Privacy Act of 2018 (“CCPA”) permits California residents to request that we (1) disclose what personally identifiable information we collect, use, disclose and sell, and (2) delete your personally identifiable information. As indicated above, other states and jurisdictions have or may have similar laws.  To make such a request (whether further to CCPA or a similar law in another state or jurisdiction), please contact us at help@impulsegear.com with the words ““Delete My Information”” (or include the name of your state or jurisdiction) in the subject line of your email, or write to us at the address above and include a heading reference with the words ““Delete My Information”” or “[the name of your state or jurisdiction] Privacy - Delete My Information”, and include in your email or letter the request that we delete all of your personally identifiable information.  We will process such requests in accordance with applicable law. CCPA also offers an opt-out right with respect to the sale of personal data.  However, because we do not sell your personal data we do not offer such an opt-out mechanism. We will not discriminate against you if you exercise your CCPA rights.

Notice of Changes to this Privacy Policy

We may change this Privacy Policy at any time by posting a notice of the change. All changes will be effective when posted.