PRIVACY POLICY


Effective as of August 2023

This Privacy Policy ("Policy") describes how Neon Commerce, Inc. and our subsidiaries and affiliates (“Neon," "we", “us” or "our") processes personal information that we collect through our digital or online properties or services that link to this Privacy Policy (including as applicable, our websites, mobile application, Neon-powered storefronts and checkout integrations, Neon Pay, social media pages, marketing activities, live events and other activities described in this Privacy Policy (collectively, the “Service”)).

To the extent the Gramm Leach Bliley Act (GLBA) applies to our processing of personal information, Neon’s Consumer Privacy Notice, available here, applies.  

Neon may provide additional or supplemental privacy policies to individuals for specific products or services that we offer at the time we collect personal information.

Index

I. Personal information we collect

A. Information you provide to us.  We collect and process personal information through our Service when you interact with us. The information we collect from you varies depending on what specific Service you use. In some cases, you actively provide us with the information and, in others, Neon collects the information automatically. We collect personal information from you when you directly interact with us in the following way:

  • Contact data, such as your first and last name, email address, billing and mailing addresses, and phone number.

  • Account data, including as the phone number that you may set to establish an online account on the Service, real name, payment credentials, addresses, interests, preferences, information about your participation in our contests, promotions, or surveys, and any other information that you add to your account profile.

  • Transactional data, such as information relating to or needed to complete your orders on or through the Service, including demographic data, order numbers, transaction history, and game identifiers.

  • Payment data needed to complete transactions, including payment card information or bank account number.

  • Storefront interaction data, including information relating to what content you search for, browse, view, and add to and remove from your cart in a Neon-powered storefront.

  • Communications data based on our exchanges with you, including when you contact us through the Service, social media, or otherwise.

  • Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.

  • Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

B. Information we collect from third-party sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as:

  • Public sources, such as government agencies, public records, social media platforms, and other publicly available sources.

  • Our customers, such as game developers or other parties that utilize our Neon-powered storefronts and checkout integrations.

  • Marketing partners, such as joint marketing partners and event co-sponsors.

  • Third-party services that you link to the Services, including but not limited to complete a transaction such as Google Pay or Apple Pay. This data may include your username, payment method and other information associated with your account on that third-party service that is made available to us based on your account settings on that service.

C. Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications and other online services, such as:

  • Device data, such as your computer or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.

  • Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.

  • Location data when you authorize our mobile application to access your device’s location.

  • Communication interaction data such as your interactions with our email, text or other communications (e.g., whether you open and/or forward emails) – we may do this through use of pixel tags (which are also known as clear GIFs), which may be embedded invisibly in our emails.

D. Cookies and similar technologies. Some of the automatic collection described above is facilitated by the following technologies:

  • Cookies, which are small text files that websites store on user devices and that allow web servers to record users’ web browsing activities and remember their cart contents, submissions, preferences, and login status as they navigate a site. Cookies used on our sites include both “session cookies” that are deleted when a session ends, “persistent cookies” that remain longer, “first party” cookies that we place and “third party” cookies that our third-party business partners and service providers place.

  • Local storage technologies, like HTML5, which provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications.

  • Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.

For further information about the cookies we use, why we use them, and how you can control and, in some cases, disable cookies in connection with our Service, please see our Neon Cookie Notice.

E. Data about others. We may offer features that help users invite their friends or contacts to use the Service, and we may collect contact details about these invitees so we can deliver their invitations. Please do not refer someone to us or share their contact details with us unless you have their permission to do so.

II. How we use your personal information

We may use your personal information for the following purposes or as otherwise described at the time of collection:

A. ‍Service delivery and operations. We may use your personal information to:

  • provide, operate and improve the Service and our business, including to facilitate your transactions on the Service and offer certain post-purchase support services;

  • provide you the content you purchase from a storefront;

  • process your transactions through or related to the Services (for example, we may use your personal information to process refund requests);

  • personalizing the service, including remembering the devices from which you have previously logged in and remembering your selections and preferences as you navigate the Service;

  • establish and maintain your account on the Service;

  • facilitate your invitations to friends who you want to invite to join the Service;

  • enable security features of the Service, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in;

  • communicate with you about the Service, including by sending Service-related announcements, updates, security alerts, and support and administrative messages;

  • communicate with you about events or contests in which you participate;

  • understand your needs and interests, and personalize your experience with the Service and our communications; and

  • provide support for the Service, and respond to your requests, questions and feedback.

B. Research and development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business and to develop new products and services.

C. ‍Marketing. We and our service providers may collect and use your personal information for marketing purposes: We may send you direct marketing communications and may personalize these messages based on your needs and interests. You may opt-out of our marketing communications as described in the Opt-out of marketing section below.

D. Events, promotions and contests. We may use your personal information to:

  • administer promotions and contests

  • communicate with you about promotions or contests in which you participate

  • contact or market to you after collecting your personal information at an event

E. Service improvement and analytics. We may use your personal information to analyze your usage of the Service, improve the Service, improve the rest of our business, help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails, and to develop new products and services.

F. ‍Compliance and protection. We may use your personal information to:

  • comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas, investigations or requests from government authorities;

  • protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);

  • audit our internal processes for compliance with legal and contractual requirements or our internal policies;

  • enforce the terms and conditions that govern the Service; and

  • prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

G. With your consent. In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.  

H. To create aggregated, de-identified and/or anonymized data. We may create aggregated, de-identified and/or anonymized data from your personal information and other individuals whose personal information we collect. We make personal information into de-identified and/or anonymized data by removing information that makes the data identifiable to you. We may use this aggregated, de-identified and/or anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

I. Cookies and similar technologies. In addition to the other uses included in this section, we may use the Cookies and similar technologies described above for the following purposes:

  • Technical operation. To allow the technical operation of the Service, such as by remembering your selections and preferences as you navigate the site, and whether you are logged in when you visit password protected areas of the Service.

  • Functionality. To enhance the performance and functionality of our services.

  • Analytics. To help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails.

III. How we share your personal information

We may share your personal information with the following categories of third parties and as otherwise described in this Privacy Policy, in other applicable notices, or at the time of collection.  

‍A. Service providers. Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, customer support, email delivery, marketing, consumer research, payment processors, and website analytics).  Please note that Neon  contractually prohibits our service providers from retaining, using, or disclosing information about you for any purpose other than performing services for us and fulfilling their own regulatory and legal obligations, although we may permit them to use information that does not identify you (including information that has been aggregated or de-identified) for other purposes except as prohibited by applicable law or contractual obligation. For more information about the vendors we use, please visit: https://www.neonpay.com/legal/partners.

‍B. Third parties designated by you. We may share your personal information with third parties where you have instructed us or provided your consent to do so. For example, we may share your personal information with third-party advertisers with whom we are collaborating to offer you additional services such as sweepstakes, raffles, and promotions. We will share personal information that is needed for these other companies to provide the services that you have requested.

C. Our customers, such as game developers or other parties that utilize our Neon-powered storefronts and checkout integrations.  We may share your transaction data with our customers so they can fulfill your purchase.

‍D. Business and marketing partners. Third parties with whom we co-sponsor events or promotions, with whom we jointly offer products or services, or whose products or services may be of interest to you.

‍E. Linked third-party services. If you link your Service account to a third-party service, we may share your personal information with that third-party service. The third party’s use of the shared information will be governed by its privacy policy and the settings associated with your account with the third-party service.

‍F. Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

‍G. Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the Compliance and protection purposes described above.

‍H. Business transferees. We may disclose personal information in the context of actual or prospective business transactions (e.g., investments in Neon, financing of Neon, public stock offerings, or the sale, transfer or merger of all or part of our business, assets or shares), for example, we may need to share certain personal information with prospective counterparties and their advisers. We may also disclose your personal information to an acquirer, successor, or assignee of Neon as part of any merger, acquisition, sale of assets, or similar transaction, and/or in the event of an insolvency, bankruptcy, or receivership in which personal information is transferred to one or more third parties as one of our business assets.

I. For California residents: No sale or sharing of personal information. We do not sell or allow our service providers to process your personal information for their own use without your consent, unless the processing of that information is either required by law or we determine that disclosure is reasonably necessary to enforce our rights, protect our property or operations, or enforce the rights and protect the property or operations of our partners and customers. As noted above, Neon may collect your personal information from and transfer your personal information to our service providers as necessary to provide our Service, but these transfers are conducted pursuant to written agreements that protect your personal information from additional uses and are not considered a sale pursuant to California law. Neon also does not share personal information for cross-contextual behavioral advertising as defined in the California Consumer Privacy Act, as amended by the California Privacy Rights Act.

We have not sold or shared personal information for cross-context behavioral advertising over the last twelve (12) months.

J. For EEA and UK residents: Neon’s role as a data controller and processor. Data protection laws in Europe distinguish between organizations that process personal information for their own purposes (referred to as “controllers”) and organizations that process personal information on behalf of other organizations (referred to as “processors”). Neon acts as a controller with respect to personal information collected as you interact with and use our Service. Neon may act as a processor when we act on the instructions of or on behalf of a business customer, and as a controller when Neon is deciding how to process your personal information directly. This Policy describes the processing undertaken by Neon as a controller.

Where Neon is a controller you can contact us using the details in the “How to Contact Us” section of this Policy. Any questions that you have relating to the processing of personal information by Neon as a processor should be directed to the relevant business customer.

IV. Your choices

A. Access or update your information. If you have registered for an account with us through the Service, you may review and update certain account information by contacting us (instructions below).

‍B. Opt-out of communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us (instructions below). Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.  

‍C. Cookies.  Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Service may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.  You can also configure your device to prevent images from loading to prevent web beacons from functioning.

‍D. Blocking images/clear gifs: Most browsers and devices allow you to configure your device to prevent images from loading. To do this, follow the instructions in your particular browser or device settings.

‍E. Mobile location data. You can disable our access to your device’s precise geolocation in your mobile device settings.

F. Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

‍G. Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

‍H. Linked third-party platforms. If you choose to connect to the Service through a third-party platform, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third-party platform, that choice will not apply to information that we have already received from that third party.

I. California Resident Rights and Choices. If you are a California resident, you have certain rights over the personal information that we collect from or about you. You can:

  • Delete any personal information we have collected from you when we do not have legal or contractual obligations to keep the information or a need for the information to carry out a legitimate business function.

  • Opt out of the sale of your personal information and opt out of having your personal information shared for the purpose of cross-context behavioral advertising. As discussed above, Neon does not sell your personal information nor do we share it for these purposes.

  • To request that Neon correct any inaccurate personal information We hold about you.

  • To request that Neon limit the use and disclosure of your sensitive personal information to uses that are necessary to provide our Service and to the uses defined in California law or regulation as defined in the California Civil Code, Section 1798.121.

  • Request that Neon provide you with any or all of the following regarding our data processing for the twelve (12) months preceding the request:

    • The categories of information Neon has collected about you;

    • The categories of third party sources from which the personal information is collected;

    • The business or commercial purpose for collecting personal information;

    • The categories of third parties to whom Neon discloses personal information; and/or

    • A copy of the specific pieces of information Neon has collected about you.

    • Appoint an authorized agent to enforce your rights on your behalf. We will require appropriate proof of the agent’s authority to make these requests and will need to verify your identity directly before we can process such a request.

We will not discriminate against you for your use of any of your privacy rights.

To exercise any of these rights, you may make a request by emailing us at support@neonpay.com. Although we do not sell or share your personal information for cross-contextual behavioral advertising, if you would like to request that we do not sell or share your personal information for such purposes, you can contact us using the instructions below. We will confirm receipt of your request and provide you with information about our processes for acting on your request, including when you can expect a response, within ten (10) business days. We will also need to verify your identity to ensure the security of your personal information before processing your request.

If you are currently a Neon user, you may correct any personal information we have about you either in your settings or by using the contact details above.

J. European, South Korean, Japanese, and United Kingdom Rights. You have the following rights regarding the personal information we collect and use about you:

  • You may access, correct, update or request deletion of your personal information.

  • You can object to processing of your personal information, ask us to restrict processing of your personal information, and request we transfer your personal information to a third party.

  • You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by following the unsubscribe instructions at the bottom of the email, or by contacting us via email: support@neonpay.com. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.

  • If we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

  • You have the right to complain to a supervisory authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

To exercise any of these rights, you may email us at support@neonpay.com. We will respond to your request within thirty (30) days. We may also require specific information from you to help us confirm your identity and process your request in a timely manner.

If personal information about you has been processed by us as a processor on behalf of a business customer and you wish to exercise any rights you have with such personal information, please inquire with our business customer directly. If you wish to make your request directly to us, please provide the name of the customer on whose behalf we processed your personal information. We will refer your request to that third party, and will support them to the extent required by applicable law in responding to your request. Read more about how Neon operates as both a controller and processor in the section “Neon’s role as a data controller and processor” above.

Please note that we retain information as necessary to fulfill the purposes for which it was collected, and may continue to retain and use your personal information, even after a data subject request, for purposes of our legitimate interests and to comply with our legal obligations, including where needed to resolve disputes, prevent fraud and financial crime, and enforce our agreements as well as to comply with statutory data retention obligations.


K.Residents of other locations. If you reside in a U.S. state or territory other than California or anywhere else in the world other than the European Economic Area or United Kingdom and would like more information about how we process your personal information or have questions about your rights under this Policy, please submit your request at support@neonpay.com.

V. Other sites and services

The Service may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

VI. Security

We employ technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies, and we cannot guarantee the security of your personal information.

VII. International data transfer

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.

VIII. Children

The Service is not intended for use by anyone under 13 years of age. If you are between the ages of 13 and 17, or a minor according to the laws applicable to you, a parent or legal guardian must review and agree to these terms and give you permission to access and use the Service.

If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us (instructions below). If we learn that we have collected personal information through the Service from a child without the consent of the child's parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.

IX. Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acknowledging that the modified Privacy Policy applies to your interactions with the Service and our business.

X. How to contact us

Email: support@neonpay.com