Privacy Policy

Privacy Policy

When visiting this website or any other associated websites (the “Websites” or “Sites”) owned by Esports Now LLC (“Misfits Gaming”, “We” or “Us“) and its affiliates  we collect and manage user data according to the following privacy policy (the “Privacy Policy”). This document is part of the Websites’ Terms of Service, and by using the Websites, you agree to the terms of this Privacy Policy and the Terms of Service. Please read the Terms of Service in their entirety, and refer to those for definitions and contacts. The Websites are owned by Esports Now LLC. 

Data Collected

We collect anonymous data from every visitor of the Websites to monitor traffic and fix bugs. For example, we collect information like web requests, the data sent in response to such requests, the internet protocol address, the browser type, the browser language, and a timestamp for the request.

In order to enable certain Website features, we use Cookies (defined below) to store session information for your convenience. You can block or delete Cookies and still be able to use the Websites, although if you do you may not be able to use certain Website features. 

Should you choose to delete your Personal Information (as defined in the Information We Collect section) from the Site, please contact us at support@misfitsgaming.gg and we will follow up with such request as soon as possible.

Minors and children should not use the Websites. By using the Websites, you represent that you have the legal capacity to enter into a binding agreement.

Use of the Data

We only use your Personal Information as indicated in this Privacy Policy or Terms of Service, to provide you the Website services, to communicate with you about such services or the Websites, or to publicly display such information as you convey to us for public display.

We employ industry standard techniques to protect against unauthorized access of data about you that we store, including Personal Information.

Misfits Gaming may use your Personal Information for the following purposes: 

  • For the purposes for which you provided it;
  • To send you information about your relationship or transactions with us;
  • To send you alerts or other communications via SMS messages or other media or networks;
  • To notify you about new features and offerings, including, but not limited to, discounts, events, products, other services, and/or special offers;
  • To administer sweepstakes and contests;
  • To process and respond to your inquiries;
  • To contact you with information that we believe may be of interest to you;
  • For internal research and reporting;
  • To improve the content and features of the Websites;
  • To allow us to personalize the content and advertising that you see on the Websites;
  • To enforce the legal terms that govern your use of the Websites;
  • To administer and troubleshoot the Websites; and
  • To share your information with reputable third parties who may provide you with information about their products and/or services that may be of interest to you.

Unless otherwise set forth herein, we do not share Personal Information you have provided to us without your consent, unless:

  • Doing so is appropriate to carry out your own request, or give you credit for your contributions, including on such websites as Wago.io;
  • We believe it’s needed to enforce our Terms of Service, or that is legally required;
  • We believe it’s needed to detect, prevent or address fraud, security or technical issues;
  • With your consent with vendors, sponsors, and business partners, engaged by Misfits Gaming in order to provide you with goods or services you have requested or online advertising selected by us;
  • If required to do so by applicable law, regulation or legal process;
  • Third parties who perform services on our behalf and for other legitimate business purposes;
  • If necessary to protect the rights, property or safety of any person; 
  • In connection with the sale of our business or assets; and
  • Otherwise protect our property, legal rights, or that of others.

When visiting the Websites you agree to any processing of any Personal Information you provide us according to this policy.

Unless otherwise set forth in this Privacy Policy, Misfits Gaming will never contact you by email without your express consent.

Sharing of Data

We don’t share your Personal Information with third parties, unless it is in accordance with this Privacy Policy or the Terms of Service. From time to time aggregated, anonymized data is periodically transmitted to external services to help us improve the Websites and its services. We currently use Google Analytics, Cloudflare, Matomo, and NitroPay. Feel free to check out their own privacy policies to find out more.

We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). We may need to share Personal Information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.

We may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

Tracking User Behavior

Misfits Gaming may keep track of the websites and pages users visit within the Websites, in order to determine what Website services are the most popular. This data is used to deliver customized content and advertising within the Websites to customers whose behavior indicates that they are interested in a particular subject area.

Automatically Collected Information

Information about your computer hardware and software may be automatically collected by the Websites. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Websites.

Social Media Accounts

If you choose to do so you may link to your Website profile or login to certain Websites using your Battle.net, Discord, Google, Patreon, or Twitter account (the “Social Media Accounts“) to assist in user account management. When you do so we also gain access to some of the information stored on your Social Media Accounts. We may use this information such as interests or preferences to group you with other people with similar interests or preferences and place you into a market segment.

Use of Cookies

The Websites use cookies and/or similar technologies (collectively referred to as “Cookies“). A Cookie is a small bit of record-keeping information that many websites and other online products and services often store on a user’s computer or device in order to identify it and associate activity with it.

When visiting the Websites you may have options to enable or disallow Cookies. Most web browsers automatically accept Cookies, but you can usually modify your browser setting to decline Cookies, if you do not want to accept them. We use Cookies to optimize your visit, make your browsing and/or user experience as effective as possible, and let you know about features that we think will interest you. This means that if you disallow Cookies, your use of the Websites may not include all the Website features. If you browse the Websites from multiple devices, you may need to update your settings on each individual device.

By using the Websites you agree, and consent, to receive Cookies unless you manage your cookie setting options.

Please also note that the use of information obtained by certain third party providers is also subject to their own privacy policies and may differ from ours.

Children Under Thirteen

Misfits Gaming does not knowingly collect or store any Personal Information from children under thirteen (13) in the United States or under the relevant age threshold in other jurisdictions where the child is located. If you are under thirteen (13) years old in the United States, or under the relevant age threshold in the jurisdiction where you are located, you cannot use the Websites without the permission of your parent or guardian.

However, we may collect technical information required for delivering the service and for the support of our internal operations from all users of our Websites. If parents or guardians believe that we have unintentionally collected their children’s Personal Information or otherwise used their children’s Personal Information for another purpose, they may reach out to us  at support@misfitsgaming.gg. Parents should contact us immediately if they have any concerns.

Links

The Websites contain links to other websites. Please be aware that we are not responsible for the content or privacy practices of such other websites. We encourage our users to be aware when they leave our site, and to read the privacy policy and terms of use of any other site that collects personally identifiable information.

Security of your Personal Information 

Misfits Gaming takes a range of security measures designed to protect your Personal Information and keep it confidential (unless it is non-confidential by nature, for example, publicly-available information). 

We also take steps to ensure that the Personal Information collected is protected from misuse and alteration. In addition, we request vendors who process Personal Information on our behalf to themselves take a range of security measures designed to help protect your Personal Information.

However, the internet by its nature is not a secure environment and the nature of security risks is constantly evolving, as are the technical and organizational industry standards relating to management of those risks. As a result, while we strive to protect your Personal Information, you acknowledge that: (a) there are security and privacy limitations inherent to the internet which are beyond our control; and (b) complete security, integrity, and privacy of any and all information and data exchanged between you and us through the Websites cannot therefore be guaranteed.

Your Choices

You have choices over the Personal Information provided by you and by other sources, and how that information is used by Misfits Gaming.

Your Choices About Information Provided by You 

If you do not want to provide Misfits Gaming with Personal Information, then you can choose not to provide it. Please note that if you choose not to provide us with Personal Information, we may not always be able to provide you with the relevant services or functionality that you may want. 

Your Choices About Information Provided by Third Parties

You may be able to control how third parties collect and share your Personal Information by changing your preferences or opting out of collection directly with those third parties. Before disclosing Personal Information to third parties, we recommend you check their respective privacy policies for further details.

Your Choices About the Websites Using Your Information

You can exercise choices over how the Websites uses your Personal Information and update your preferences at any time:

  • to remove yourself from receiving email marketing or newsletters from Misfits Gaming, simply click the unsubscribe link in the email;
  • to disable selected Cookies from collecting information relating to the effectiveness of advertising campaigns or analytics data and from serving you with personalized advertising on our Website or third-party properties please see the Use of Cookies section of this Privacy Policy.

If you opt-out of receiving email marketing communications from us, please note that we may still contact you occasionally to provide you with service-related information.

Users in the European Economic Area (“EEA”)

As set out in more detail below, we only process or transfer your Personal Information where we can rely on legal grounds and appropriate safeguards to do so. You also have additional rights regarding your Personal Information if you are located in the EEA.

Legal Basis for Processing Your Personal Information

We only process your Personal Information where we can rely on legal grounds to do so. We process your Personal Information for the purposes set out below.

Performance of the Services

We process your Personal Information for the performance of our services, to provide or support our products/services, or for any other feature you request or enable. 

Consent

We process your Personal Information based on your consent. This includes, for example, providing:

  • you credit for addons or other contributions you make on such websites as Wago.io; 
  • newsletters and direct e-mails about our Websites; and
  • certain other marketing features.

Legitimate Interest

We process your Personal Information where we have a legitimate interest to do so. This includes, for example, processing:

  • to provide you with requested customer service or technical support;
  • to debug and improve our current and future Website services;
  • in order to give you exclusive content, personalize your online experience with us and contact you in accordance with applicable marketing preferences; and
  • for the establishment, exercise or defense of legal claims or whenever courts are acting in their judicial capacity.

Legal Obligation

We process your Personal Information for compliance with a legal obligation to which we are subject.  

Your Rights to Your Personal Information

You have the following rights in addition to your rights to view, correct, update, or request the deletion of your Personal Information. To access or delete your Personal Information, you can make a request by emailing support@misfitsgaming.gg.

You may object to the processing of your Personal Information based on a legitimate interest on grounds relating to your particular situation. You may control the extent to which we market to you and you have the right to request that we stop sending you marketing messages at any time. You can make a request by emailing support@misfitsgaming.gg

In certain circumstances, you can request that we transfer Personal Information that you have provided to us.

Where we rely on your consent in order to process your Personal Information, you have the right to withdraw such consent to further use of your Personal Information at any time. You can email support@misfitsgaming.gg to update your marketing preferences.

We hope that we can satisfy queries you may have about the way we process your Personal Information. However, if you have unresolved concerns you also have the right to complain to data protection authorities. You can bring the complaint in your member state of residence, or where an alleged infringement of data protection law occurred.

International Transfers

Your Personal Information may be transferred to and processed in various countries where our central databases operate or other countries where Misfits Gaming or its partners maintain facilities or business operations. We use European Commission approved contract clauses to protect your Personal Information. If you have questions, please contact us at support@misfitsgaming.gg.

Disclosure to Users outside the US and the EEA

If you are a visitor to our Websites or other online products and services from outside the U.S., the Personal Information you provide will be collected, processed and stored directly on, or transferred to, servers in the United States or other countries where Misfits Gaming or its affiliates maintain facilities or business operations.

No matter where your Personal Information is located, Misfits Gaming takes commercially reasonable measures to safeguard your privacy rights in accordance with this Privacy Policy. If you do not agree to the collection, processing, storage and transfer of your Personal Information, please do not provide your Personal Information when requested and stop using our Websites and other online products and services.

Email Communication

From time to time, Misfits Gaming may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication relating to Misfits Gaming or the Websites. In order to improve our features, we may receive a notification when you open an email from Misfits Gaming and/or when you click on a link therein.

If you would like to stop receiving marketing or promotional communications via email from Misfits Gaming, you may opt out of such communications by clicking on the “unsubscribe” link/button.

External Data Storage Sites

We may store your data on servers provided by third party hosting vendors with whom we have contracted.

For California Residents: CCPA Information

This Privacy Notice for California Residents supplements the information contained elsewhere in this Privacy Notice and applies solely to all visitors, users, and others who reside in the State of California. We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice. 

Rights and Choices

The CCPA provides consumers located in the state of California with certain rights regarding their Personal Information and data. The following section describes those rights and explains how to exercise them: 

Access to Specific Information and Data Portability Rights

You have the right to request that Misfits Gaming disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request (as described in the section “Exercising Access, Data Portability, and Deletion Rights”), we will disclose to you: 

  • The categories of Personal Information we collected about you.
  • The categories of sources for the Personal Information we collected about you.
  • Our business or commercial purpose for collecting or selling that Personal Information.
  • The categories of third parties with whom we share that Personal Information.
  • The specific pieces of Personal Information we collected about you (also called data portability request) 
  • If we sold or disclose your Personal Information for a business purpose, two separate lists disclosing: 
    • Sales, identifying the Personal Information categories that each category of recipient purchased, and 
    • Disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained 

Non-Discrimination

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

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

Any CCPA-permitted financial incentive we offer will reasonably relate to your value and contain written terms that describe the program’s material aspects. 

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by emailing us at support@misfitsgaming.gg.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. 

You have the right to request that the company disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request we will disclose to you:

  • The categories of Personal Information we collected about you.
  • The categories of sources for the Personal Information we collected about you.
  • Our business or commercial purpose for collecting or selling that Personal Information.
  • The categories of third parties with whom we share that Personal Information.
  • The specific pieces of Personal Information we collected about you (also called data portability request).
  • If we sold or disclose your Personal Information for a business purpose, two separate lists disclosing:
    • Sales, identifying the personal information categories that each category of recipient purchased, and
    • Disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained

You may only make a verifiable consumer request for access of data portability twice within a twelve (12) month period. The verifiable consumer request must: 

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative. 
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. 

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. 

Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. 

Information We Collect

Our Websites, emails (with your consent, where required by law), and other products, services and platforms collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). In particular, our Websites, apps, emails, and other products, services and platforms may have collected the following categories of Personal Information from its consumers within the last twelve (12) months: 

CategoryCollected
A. IdentifiersYES
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 lawYES
D. Commercial information.YES
E. Biometric information.YES
F. Internet or other similar network activity.YES
G. Geolocation data.YES
H. Audio, electronic, visual, thermal, olfactory, or similar data.YES
I. Professional or employment-related information.YES
J. Education information.YES
K. Inferences drawn from other Personal Information.YES

Personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, like: 
    • 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. 

Use of Personal Information

We may use or disclose the Personal Information we collect for one or more of the following business purposes: 

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a newsletter or ask a question about our products or services, we will use that Personal Information to respond to your inquiry. If you provide your Personal Information to purchase a product or service, we or our third-party service providers will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product or service orders and requests. 
  • To provide, support, personalize, and develop our Websites, emails, and other products, services and platforms. 
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including investigating and addressing your concerns and monitoring and improving our responses. 
  • To personalize your Websites, apps, emails, or other product, service or platform experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Websites, apps, emails, and other products, services and platforms. 
  • To help maintain the safety, security, and integrity of our Websites, apps, emails, and other products, services and platforms, databases and other technology assets, and business. 
  • For testing, research, analysis, and product development, including to develop and improve our Websites, apps, emails, and other products, services and platforms. 
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. 
  • As described to you when collecting your Personal Information or as otherwise set forth in the CCPA. 
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Websites’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Misfits Gaming about our Website users is among the assets transferred. 

Misfits Gaming will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice. 

Sharing Personal Information

Misfits Gaming may disclose your Personal Information to a third-party for a business purpose or sell your Personal Information, subject to your right to opt-out of those sales (see the ‘Sales of Personal Information’ Section below). When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the Personal Information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales (see the ‘Sales of Personal Information’ Section below). 

We may share your Personal Information with the following categories of third parties:

  • Subsidiaries and affiliates.
  • Contractors and service providers.
  • Data aggregators.
  • Third parties with whom we partner to offer products and services to you.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Misfits Gaming has disclosed the following categories of Personal Information for a business purpose: 

  • [Category A: Identifiers.]
  • [Category B: California Customer Records personal information categories.]
  • [Category C: Protected classification characteristics.]
  • [Category D: Commercial Information.] 
  • [Category E: Biometric Information.]
  • [Category F: Internet or other similar network activity.]
  • [Category G: Geolocation Data.]
  • [Category H: Audio, electronic, visual, thermal, olfactory, or similar data.]
  • [Category I: Professional or employment-related information.]
  • [Category J: Education information.] 
  • [Category K: Inferences drawn from other Personal Information.]

Sales of Personal Information

In the preceding twelve (12) months, Misfits Gaming has sold the following categories of Personal Information collected through our ad-supported services: 

  • [Category A: Identifiers.]
  • [Category B: California Customer Records personal information categories.]
  • [Category C: Protected classification characteristics.]
  • [Category D: Commercial Information.] 
  • [Category E: Biometric Information.]
  • [Category F: Internet or other similar network activity.]
  • [Category G: Geolocation Data.]
  • [Category H: Audio, electronic, visual, thermal, olfactory, or similar data.]
  • [Category I: Professional or employment-related information.]
  • [Category J: Education information.] 
  • [Category K: Inferences drawn from other Personal Information.]

Misfits Gaming and our advertising partners collect the Personal Information identified above (such as the Cookies stored on your browser, the advertising identifier on your mobile device, or the IP address of your device) when you visit our Websites, apps, and other products, services and platforms, or open our emails. We, and our partners, use this information to tailor and deliver ads to you on our Websites, apps, emails, and other products, services and platforms, or to help tailor ads to you when you visit others’ sites (or use others’ apps). To tailor ads that may be more relevant to you, we and/or our partners may share the information we collect with third parties. 

Changes to the Privacy Policy

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make major changes in the way we collect or use information, we will notify you by posting an announcement on the Websites. A user is bound by any changes to the Privacy Policy when he or she uses the Services after such changes have been first posted.

Should you have any question or concern, please write to support@misfitsgaming.gg.

How “Do Not Track” requests are handled

Our Websites do not support “Do Not Track” requests. To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their respective privacy policies.

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