Mash Games Privacy Policy

Last Updated March 4, 2024

Your privacy is important to us. We are committed to protecting and ensuring the confidentiality of any Personal Information (defined below) you provide to us. 

This Privacy Policy ("Privacy Policy") addresses how Mash Games Corp. and its affiliates (“we,” “our,” “Company”) handles information we gather from third parties including, but not limited to, visitors to bmxstreets.ca, bmxstreets.com, mashgames.ca, mashgames.com (collectively, the “website”) and users of the Company Services (“Users”). This Privacy Policy describes the ways we collect, use and share Personal Information. Our Privacy Policy applies whenever you visit the website or use the Services. 

Please read this Privacy Policy carefully.  By using our website or Services, or otherwise providing us with your Personal Information, you are hereby consenting to our collection, use, disclosure and communication of your Personal Information in accordance with this Privacy Policy. 

If you do not consent to the practices described in this Privacy Policy, you may not continue to use our website or Services.

For the purposes of this Privacy Policy, 

“Personal Information” means any information that relates to you and either identifies you directly or could be used to identify you with other information available. It includes your name, user ID, email address, phone number, mailing address and payment account number.

“Services” means Company’s products or services, including: 

  • BMX Streets, Pipe by BMX Streets; and 

  • BMX Streets; 

Questions regarding this Privacy Policy should be emailed to our Privacy Officer at privacy@bmxstreets.ca

Not Intended for Children 

Company’s website and Services are not intended for children under the age of 18. We do not knowingly collect data relating to children under the age of 18. If you are under the age of 18, do not use or provide information on or through the website or Services. If you are aware of information about children provided to Company, please let us know and we will take steps to remove the information. 

Highlights

We Collect a variety of Personal Information from visitors and Users, depending on how they interact with our website or Services. This includes:

  • Gameplay data and in-game communications; 

  • Log data collected automatically on our website;

  • Information collected via cookies on our website;

  • User data collected through User engagement with our Services; and

  • Marketing and communication data provided to us by visitors, Users, or subscribers to our marketing communications.

Learn more.

We Use this information for the following purposes, 

  • Providing our Services and communications regarding our Services;

  • Data management and support for our Users;

  • Improvements to our Services, website, and marketing strategies;

  • Sending out marketing and promotional materials in accordance with your preferences;

  • Billing coordination; and

  • As otherwise permitted or required by law.

Learn more.

We Share Personal Information with the following entities as necessary to provide the Services.

  • Other Users, only to the extent you communicate with such Users using features in the Services; 

  • Credit card processors to manage payment processing;

  • Third party service providers, only as necessary to assist in providing certain components of our Services, and only with contractual requirements in place to protect the Personal Information and handle it only in accordance with this Privacy Policy;

  • Group companies, such as affiliates and subsidiaries, to assist in providing the Services;

  • Potential acquirers of our business, to evaluate or carry out a business transaction;

  • Other entities as permitted or required by law.

Learn more.

We Protect your Personal Information with industry-standard administrative, technical, organizational, and physical security measures. These measures include firewalls, SSL encryption, limiting storage of financial information to a PCI compliant third party provider, system redundancies, and co-location in a 24/7 secured, controlled environment. 

However, perfect security does not exist, and we cannot guarantee the absolute security of your Personal Information. Some Personal Information may be transferred to, and processed in, countries outside of Canada. If you live in Quebec, your personal data may be communicated to entities outside of Quebec. Accordingly, it may be accessible to courts, law enforcement and national security authorities of those countries. If you have any questions, or wish to obtain further written information about the processing and storage of your personal information by affiliates or service providers outside of Canada, please contact our Privacy Officer at privacy@bmxstreets.ca.

Learn more.

Consent by Using the Website or Services

Please read this Privacy Policy so that you are aware of how and why we use your Personal Information. When you use our website or Services, you consent to have your Personal Information collected, used, disclosed and communicated in accordance with this Privacy Policy.

This Privacy Policy may change from time to time, as reflected in the revision date above, to reflect changing legal, regulatory or operational requirements. Where required by law, we will provide notification of material changes to this Privacy Policy through the website or Services at least thirty (30) business days prior to the change taking effect. Where appropriate, we may also email Users who have opted to receive communications from us notifying them of changes to this Privacy Policy. If we are required by applicable data protection laws to obtain your consent to any material changes to this Privacy Policy, then we will do so before such changes take effect.

Your continued use of our website and Services after we make changes constitutes deemed acceptance of this Privacy Policy

Third Party Links

Our website and Services contain links to third party websites, plug-ins and applications. Clicking those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third party websites, plug-ins and applications and are not responsible for their privacy statements and practices. When you leave our website or Services, we encourage you to read the privacy policy of every website and application you access.

How we Collect and Use Your Data

Information Gathered

We may collect, store, use and transfer different kinds of Personal Information about you, as described below:

Registration Information: You may provide us with your contact information such as name, date of birth, country and email address when you register for an account with us. 

Gameplay data and in-game communications: We automatically collect information about how you interact with the Services, including the device you use, the game you play, how long you use or play it and when, gameplay attempts, progression and results, saved preferences and crash reports. We also collect the information you voluntarily provide to us when you use social features like forums or chat, register for early access to our games, or contact us through customer service. If you use our voice chat feature and voice reporting is enabled in a voice channel, snippets of voice chat audio data will be stored on your device and the devices of participants in the voice channel. 

Log Data and Activity Tracking: We collect certain information automatically from visitors and Users, such as internet protocol (IP) addresses and associated geolocation data, browser types, referring domains, timestamps (time a page was accessed as well as time spent on each web page), as well as the specific pages the visitor has requested.

Cookies. We collect certain information automatically using cookies and similar technologies, including information from third parties.

User Data: We store and process User data in the context of providing the Services, which may include login data, browser type and version, location, operating system, and similar information, as well as User content uploaded to or created on the Services, and any Personal Information that you provide to us through use of the Services.

Marketing and Communications: We collect, store, and process information that you provide to us when you communicate with us, including when you email us, call us, or use the chatbot feature on our website or Services. We also store and process your preferences in receiving marketing materials from us and your communication preferences.

Other: We also collect and use certain aggregate data, which has been anonymized, such as statistical data regarding use of our website and Services, for purposes permitted by law. For example, we may aggregate data to calculate the percentage of Users accessing specific features of our Services. As noted above, this type of data is not considered “Personal Information” subject to privacy laws because it cannot be used to identify a particular person.

We avoid collecting any of the following sensitive categories of Personal Information about you: information regarding your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, health, genetic or biometric data.


Information Use

We will only use your Personal Information when the law allows us to and as described below:

Providing Services and Services Communications. Users of our Services have a more specific relationship with us. User registration information may be used to share updates and provide support regarding the Services and for announcements, feedback requests, security updates, support, and other products and services communications and promotions made available by us. In addition, we use billing information and order information in order to complete transactions with you on the Store.

Data Management and Support. We store and process User content only on behalf of, and as instructed by, our Users. However, User content may be viewed or accessed by Company for the purpose of resolving a problem or support issue. Users are responsible for maintaining the confidentiality and security of their user registration and password.

Improvements. We also use visitor and User Personal Information to help deliver a better experience (for example, by displaying personalized content to you based on your interactions with the website), to diagnose technical problems, to support marketing activities and so that we may better administer and improve the quality of both the website and the Services.

Marketing and Promotion. We use the information listed in the section above to contact Users and visitors to further discuss their interest in the website and the Services, or to send Users and visitors information regarding Company or its partners, such as information about new features, promotions and events. Any such communications will be sent in accordance with Users' and visitors' marketing preferences and consent choices. We may also email Users with service-related information concerning the Services or the website to the extent allowed by law and in light of the commercial relationship between us. You may opt out of receiving marketing materials at any time by logging into the website and adjusting your marketing preferences or following the unsubscribe instructions included in each marketing communication.

Billing Coordination. All financial and billing information collected through the website and/or Services is used solely to check the qualifications of prospective Users and to bill for the Services. We do not use this information for marketing or promotional purposes.

To Enforce Compliance with Our Policies. We may access User Data and certain visitor information if necessary to investigate a suspected violation of our Terms of Use and/or Acceptable Use Policy for the Services.

To Maintain Legal or Regulatory Compliance. Our Services are subject to certain laws and regulations which may require us to use your Personal Information. For example, we use your Personal Information to fulfill our business obligations, and as otherwise required by law. Without using your Personal Information for such purposes, we could not perform the Services in accordance with our legal and regulatory requirements.

How we Share Your Data

Sharing of Information

We will not copy, distribute, or otherwise share any User or visitor Personal Information except as set out in this Privacy Policy. We may share or communicate Users' and visitors' Personal Information in the following ways:


  • Within the Organization: Within Company, your Personal Information may be accessible to personnel with a need to know the information in order to perform their duties. Depending on the type of Personal Information handled, this may include personnel in IT and security, legal and compliance, management and administration, and marketing and content creation roles.

  • User communications: The website and/or the Services may have message boards, forums, and/or chat areas, where Users can exchange ideas and communicate with one another. When posting to a message board, forum or chat area, the information is being made publicly available online and the User does so at their own risk. 

  • Credit Card processing: We use a service provider to manage credit card processing. This service provider is not permitted to store, retain, or use billing information except for the sole purpose of credit card processing on our behalf.

  • Third party service providers: We may partner with other parties to provide Users with specific services such as with console and platform partners (for example, to facilitate gameplay when you access the Services through a third-party console provider), cloud storage providers, or marketing and advertising partners, and information technology providers. These service providers are subject to confidentiality and security agreements and are required to agree to use the Personal Information of Users and visitors for the purpose of providing services, under Company’s instructions, to keep that information secure, and otherwise to handle Personal Information in the same manner as provided in this Privacy Policy, as required by applicable laws. 

  • Group companies: From time to time we may provide Personal Information about Users to our subsidiaries and affiliates so that those entities may assist us in providing Services to Users. Each of these entities will process information in accordance with this Privacy Policy.

  • Potential acquirers of Company's business: If we are involved in a merger, acquisition or asset sale (each a “transaction”), some or all of our Users' and visitors' Personal Information may be disclosed or communicated for the purposes of evaluating or carrying out the transaction. In such a case, the other party will be instructed to handle the Personal Information in the same manner as provided in this Privacy Policy, and Users or visitors will be notified to the extent required by applicable laws.

  • Law Enforcement. We may be required in certain circumstances to disclose or communicate Personal Information in response to a lawful request by public authorities, courts, law enforcement, or to comply with national security requirements, or as otherwise required by the applicable data protection law. To the extent allowed by law, we will notify you before a disclosure or communication is made.

  • Consent: We may disclose or communicate Users' and visitors' Personal Information with third parties where we have consent to do so, except as otherwise prohibited by law.


Data Location and Data Transfers

Visitors' and Users' Personal Information may be transferred to, and processed in, countries outside of Canada. If you live in Quebec, your personal data may be communicated to entities outside of Quebec. Our group companies and third-party service providers and partners may operate around the world. This means that when we collect visitors' and Users' Personal Information, such information may be processed in any of these countries, and accordingly, may be accessible to courts, law enforcement and national security authorities of those countries.

If you have any questions or wish to obtain further written information about our policies and practices with respect to the collection, use, disclosure or storage of your Personal Information by service providers or affiliates outside of Canada, you may contact our Privacy Officer at privacy@bmxstreets.ca.

How we Protect and Manage Your Data

Security

Company uses appropriate administrative, technical, organizational, and physical security measures to protect our Users' and visitors' Personal Information against accidental or unlawful destruction, loss, and alteration, and against unauthorized disclosure, communication and access. We use standard industry practices to protect visitors’ and Users’ Personal Information, including firewalls, SSL encryption, limiting storage of financial information to a PCI compliant third party provider, system redundancies, and co-location in a 24/7 secured, controlled environment. 

We have procedures in place to address any suspected personal information breach and will notify you and any applicable regulator of a breach as required by law.

Data Retention

We retain Personal Information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with the Services you have requested, to comply with applicable legal, contractual, tax or accounting requirements, or to defend ourselves from possible legal actions). When we have no ongoing legitimate business need to process your Personal Information, we will destroy it or anonymize it in accordance with applicable laws.

Your Choices to Control Your Data

Your Data Protection Rights

You can exercise any one of the following rights as may be available to you under applicable law by contacting us at privacy@bmxstreets.ca or through one of the other methods set forth in the introduction to this Privacy Policy. In certain jurisdictions, we may need to verify your identity before responding to your request. Depending on your jurisdiction, you may have the following data protection rights:

  • The right to access, correct, update or request deletion of the Personal Information we collect about you. 

  • The right to opt out of marketing communications, even if you have previously consented to receiving them. You may opt out at any time.

  • The right to request a portable copy of your Personal Information.

  • The right to de-indexation, re-indexation or cessation of dissemination of your Personal Information.

  • If we have collected and process your Personal Information with your consent, then you may have the right to withdraw your consent by contacting us through one of the methods below – see the heading “Contact”.

We will make and post specific information about our policies and practices relating to:

  • retention and destruction of your Personal Information;

  • the roles and responsibilities of members of our personnel throughout the life cycle of your Personal Information; and

  • the process for dealing with complaints regarding the protection of your Personal Information.


Contact

In order to exercise your data protection rights or should you have any questions, concerns or complaint regarding our Privacy Policy or the collection, use, or processing of your Personal Information, you may email our Privacy Officer at privacy@bmxstreets.ca.