ELECTRONIC ARTS PRIVACY
POLICY
Effective Date: December 5, 2011
By registering for an EA Account (also
known as an Origin Account), using this site and/or any of EA’s online
or mobile products and services, you agree to EA’s Privacy Policy and
that we may transfer and store your account information in the USA. By
registering, you agree that EA may process your data in accordance with
the following privacy policy and that you will abide by EA’s Terms of
Service.
IF YOU DO NOT AGREE TO THIS POLICY, PLEASE
DO NOT USE ANY EA SITE, ONLINE OR MOBILE PRODUCT OR SERVICE. If we
change our privacy policy, we will post those changes to this privacy
statement, the home page or other places so that you are aware of what
information we collect, how we use it, and under what circumstances, if
any, we disclose it. We reserve the right to modify this privacy
statement at any time, so please review it frequently. If we make
material or significant changes to this policy or the way we use your
child’s information, we will notify you or the parent/guardian here, by
email, or by means of a notice on our home page. Your continued use of
our online and mobile products and services will signify your acceptance
of the changes to our online Privacy
Policy.
TABLE
OF CONTENTS
I. EA
Online Privacy Policy:
Introduction
II. EA’s Site Is
TRUSTe Certified
III. What Is
Personal Information And When Does EA Collect
It?
IV. What Is Non-Personal
Information And When Does EA Collect
It?
V. Information Provided to EA
By Third Parties.
VI. What
Happens To The Information EA
Collects?
VII. Where Is The
Information Held?
VIII. How Does
EA Protect Your Personal
Information?
IX. Review,
Correction of Your Information, Requesting Removal From Mailing Lists
And Deactivating Your Account
X. A
Special Note About Children.
XI.
Public Information Including User Generated Content, Online Forums,
Blogs And Profiles
XII. Third
Party Sites
XIII. Products
Offered In Partnership With Third
Party(s)
XIV. Contact
Information
XV. California
Residents: Your California Privacy
Rights
XVI. Dispute Resolution By
Binding
Arbitration
I. EA
Online And Mobile Privacy Policy:
Introduction
EA and its subsidiary
companies know that you care how information about you is used and
shared, and we appreciate your trust that we will do so carefully and
sensibly. We respect the privacy rights of consumers and recognize the
importance of protecting the information collected about you. We have
adopted this global online Privacy Policy to explain how we store and
use personal and non-personal information we collect online on our
websites, during your use of our online products and/or services
(including online game play) and on mobile platforms. This policy does
not cover information provided online in response to job postings.
Please review the EA Jobs Data Privacy Statement on EA's jobs site at
www.jobs.ea.com for further information.
If you reside in the United States, Canada or Japan,
these terms are an agreement between you and Electronic Arts
Inc. If you reside in any other country, then these terms are
an agreement between you and Electronic Arts Swiss
Sàrl.
This policy also applies to TRUSTe certified EA
Websites. To view a list of these Validated EA Websites, please visit
www.TRUSTe.com. In addition, EA owns several other domain names that
point to the websites referenced above. We may also add new sites that
are subject to this privacy policy and that list will be updated to
include those. Please note that this policy applies only to sites
maintained by EA, and not to websites maintained by other companies or
organizations to which we link.
EA complies with the
U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework
as set forth by the U.S. Department of Commerce regarding the
collection, use, and retention of data from European Union member
countries and Switzerland. EA has certified that it
adheres to the Safe Harbor Privacy Principles of notice, choice, onward
transfer, security, data integrity, access, and enforcement.
To learn more about the Safe Harbor program, and to view EA’s
certification, please visit http://export.gov/safeharbor.
II. EA’s
Site Is TRUSTe Certified
EA has been
awarded TRUSTe's Privacy Seal signifying that this privacy policy and
practices have been reviewed by TRUSTe for compliance with TRUSTe's
Privacy Program Requirements available at TRUSTe.com including
transparency, accountability and choice regarding the collection and use
of your personal information. TRUSTe's mission, as an
independent third party, is to accelerate online trust among consumers
and organizations globally through its leading privacy trustmark and
innovative trust solutions.
III. What Is
Personal Information And When Does EA Collect
It?
EA collects both personal and
non-personal consumer information. Personal information collected by EA
is discussed below in this section. Non-personal information is
discussed below in Section IV.
Personal information
is information that identifies you and that can be used alone, to
contact you on-line or off-line. EA may collect personal information
from our online visitors
during:
● Contest
registration and prize
acceptance;
● Warranty
registration and requests;
●
Customer support and/or technical service
requests;
● Player match up and
other head-to-head online
competitions;
● Registration for
games and/or special game-specific
events;
● Newsletter
subscriptions, referral services, and other marketing surveys and email
campaigns;
● Registration for
EA/Origin and/or other service
accounts;
● Creation of a
personal profile;
● Product,
service and/or subscription
orders;
● Service requests from
third party service providers on our site;
● Access to our products and/or
services on social networks or other third party services;
and
● Otherwise through use of
our software, mobile or online services where personal information is
required for use and/or participation.
Information
collected will vary depending upon the activity and may include your
name, email address, phone number, home address, birth date, mobile
phone number and credit card information. Visitors to EA Mobile may be
asked to provide the name of their mobile service carrier, model of
their mobile phone and a valid mobile number so that we may provide
purchase instructions directly to their mobile phone. In that context,
your mobile number will only be used to send you a text message with a
link to download your game and will not be retained for any other
purpose. Prize winners may be required to provide their Social Security
or other identification number for tax purposes, and will be used only
for prize fulfillment.
IV. What Is Non-Personal
Information and When Does EA Collect
It?
Non-personal information, alone,
cannot be used to identify or contact you. EA collects non-personal
information about your use of our online and mobile products and
services both on our website and in the course of game play and software
usage (on PC, mobile and game system platforms).
We
will retain your information for as long as your account is active or as
needed to provide you services. If you wish to cancel your account or
request that we no longer use your information contact the Privacy
Policy Administrator in your country listed on our site at
privacyadmin.ea.com, or if your country is not listed, by contacting the
Privacy Policy Administrator in the United States.
There may be instances where we are legally required to retain your
information.
A. What Types of Non-Personal
Information Does EA Collect?
When you
use EA online and mobile products and services or you play our games on
your PC or game system, we may collect certain non-personally
identifiable information for purposes including improving our products
and services, troubleshooting bugs, providing services to you,
facilitating the provision of software updates, dynamically served
content and product support as well as communicating with you. The
non-personal information collected may include demographic information
including gender, age, zip code, information about your computer,
hardware, software, platform, game system, media, mobile device,
including unique device IDs or other device identifiers, incident data,
Internet Protocol (IP) address, network Media Access Control (MAC)
address and connection. We also collect other non-personal information
such as username, user ID or persona, feature usage, game play
statistics, scores and achievements, user rankings and click paths as
well as other data that you may provide in surveys, via your account
preferences and online profiles such as friends lists or purchases, for
instance. We may also receive either non-personal or public information
from third parties in connection with market and demographic studies
and/or other data that we use to supplement personal information
provided directly by you.
B. How Does
EA Collect Non-Personal Information?
EA
collects non-personal information along with personal information when
you actively provide it in the context of various online and mobile
activities including online and mobile purchases, game registration and
marketing surveys, for instance. In addition, we and other third parties
use cookies and other technologies to passively collect non-personal
demographic information, personalize your experience on our sites and
monitor advertisements and other activities as described
below. We may also derive from the information collected other
facts, such as determining the applicable tax rate based on your IP
address.
1.
Cookies
Cookies are small files applied
to your Internet browser to track movements within websites. We may link
cookie information to personal information. Cookies link to information
regarding what items you have selected for purchase at our store, pages
you have viewed, or games you have played. This information is used to
keep track of your shopping cart and make sure you don't see the same ad
repeatedly, for example. Also, we use cookies to deliver content
specific to your interest and to monitor website or game usage. We and
third parties collect information on what games are played, how much
time is spent playing the games and which ads or links are clicked. Some
of our sites use an outside ad company to display ads. These ads
contain cookies. Cookies received with banner ads are applied by our ad
companies, and EA does not have access to this information. Most
browsers are automatically set to accept cookies whenever you visit a
website. You can disable cookies or set your browser to alert you when
cookies are being sent. However some areas of our sites will not
function properly if you do so. You can set your web browser to warn you
about attempts to place cookies on your computer, or limit the type of
cookies you allow. For more information concerning how to disable your
cookies, please visit
www.support.ea.com.
We and other third
parties may also use flash cookies, also known as “local shared
objects,” on our sites that employ Flash technology. Flash cookies are
small files similar to browser cookies and are used to remember the
site’s settings to personalize the look and feel of the site. Like
normal cookies, Flash cookies are represented as small files on your
computer. One method of preventing Flash cookies from being placed is to
adjust your preferences in the Macromedia Website Privacy Settings
Panel at www.macromedia.com.
If you disable cookies,
you may lose some of the features and functionality of playing our
games, as cookies are necessary to track and enhance your game
activities. Please note that companies delivering advertisements in our
games or on our websites may also use cookies or other technologies, and
those practices are subject to their own
policies.
Please note that this privacy policy covers
the use of cookies by EA only and does not cover the use of cookies by
any advertisers.
2. Clear GIFs And Tracking
Pixels
Clear GIFs (a.k.a. web bugs,
beacons or tags) are small graphic images placed on a web page,
web-based document, or in an email message. Clear GIFs are invisible to
the user because they are typically very small (only 1-by-1 pixel) and
the same color as the background of the web page, document or email
message. We do not use clear GIFs to collect personal information about
you. However, we may use clear GIFs to capture statistical usage
information for our web pages, features or other elements on a web page.
We correlate this information to a user to personalize user experience
and for statistical analysis of user experiences on our web
pages.
We and third parties may also use
tracking pixels, which allow us to advertise more efficiently by
excluding our current users from certain promotional messages or
identifying the source of a new
installation.
3. Internet Log
Files
EA and other third parties also
may maintain log files which contain IP addresses. An IP address is a
numeric address that may be assigned to your computer by your Internet
Service Provider. In general, we use log files to monitor traffic on our
websites, to troubleshoot technical problems and authenticate users'
entitlements to our products. In the event of user abuse of our
websites, however, we may block certain IP addresses or game system IDs
provided by our licensed hardware manufacturers. If available, IP
addresses and game system IDs may be used to personally identify you in
order to enforce our Terms of Service.
4. Analytic
Metrics Tools and Other Technologies
EA
also uses its own proprietary analytic metrics tool and other third
party analytics technologies to collect non-personal information when
you use our online products and services and/or play our games on your
PC, game system and/or mobile device. These tools and technologies use
server log files, web beacons, cookies, tracking pixels and other
technologies to collect and analyze certain types of information,
including cookies, IP addresses (including for purposes of determining
your approximate geographic location), mobile or other hardware device
ID or other device identifiers, browser types, browser language,
information passed from your browser (if any), referring and exit pages,
and URLs, platform type, the number of clicks, information about your
media, peripheral hardware, software and/or applications installed on
your machine and/or device, domain names and types, landing pages, pages
viewed and the order of those pages, the date and amount of time spent
on particular pages, other Internet and website usage information, game
state and the date and time of activity on our websites or games,
information about how your game is used, including game metrics and
statistics, feature usage and purchase history, as well as unique
hardware identifiers such as MAC Address, mobile unique device ID (if
applicable) and other similar information.
The third
party analytics companies who collect information on our sites and in
the context of our online and mobile products and/or services may
combine the information collected with other information they have
independently collected from other websites and/or other online or
mobile products and services relating to your activities across their
network of websites as well as online and/or mobile products and
services. Many of these companies collect and use information under
their own privacy policies.
Some EA websites and
services use Google Analytics, a web analytic service offered by Google
Inc. (“Google”). Google Analytics uses “Cookies”, text files that are
stored on your PC and that enables the analysis of your usage of this
website. The information about your usage of websites, collected through
these cookies, will be transmitted to and stored on Google server based
in the US. On behalf of EA, Google will use this information
in order to evaluate your usage of this websites, to make reports on
website activities and/or to provide the website operator with other
services related to this websites. Your IP-address collected by Google
Analytics will not be matched up with other data of Google. You may
prevent the installation of cookies by adjusting your browser
settings. Please note that if you disable cookies, it is
possible that you may not use all functionalities of EA’s websites. You
may also prevent the cookies from collecting and storing your
information by downloading and installing the following browser-plugin
under the following link http://tools.google.com/dlpage/gaoptout?hl=de.
A
non-exclusive list of the other analytics companies that operate their
own technologies on our sites and online and/or mobile products and/or
services can be found at privacyappendix.ea.com.
5. Third Party Ad Serving
Technology
EA’s websites, online or
mobile products or services may employ third party ad serving
technologies that use cookies, clear GIFs, web beacons, tracking pixels
or other technologies to collect information as a result of ad serving
through our products or services as well as to help track.
Some third-party dynamic in-game advertisement serving technology enable
advertising to be temporarily uploaded into your web browser or mobile
device and replaced while you are online. We or third parties
operating the advertisement serving technology may use demographic
information such as age and gender as well as information logged from
your hardware or device to ensure that appropriate advertising is
presented within the site, online or mobile product or service
and to calculate or control the number of unique and repeat views of a
given ad, and/or deliver ads that relate to your interests and measure
the effectiveness of ad campaigns. We or third
parties may log data for this purpose including IP address (including
for purposes of determining your approximate geographic location),
unique device I.D., information about your software, applications and
hardware, browser information (and/or information passed via your
browser), hardware, machine or device make and model, advertisement(s)
served, in game location, length of time an advertisement was visible,
other Internet and website usage information, web pages and mobile
internet sites which have been viewed by you (as well as date and time),
domain type, size of the advertisement, advertisement response (if
any), and angle of view. The foregoing data may be used and
disclosed per this policy and the privacy policy of the company
providing the ad serving technology and to other third parties in a form
that does not personally identify you.
The advertising companies who deliver ads for us may
combine the information collected or obtained from EA with other
information they have independently collected from other websites and/or
other online or mobile products and services relating to your web
browser's activities across their network of websites. Many of these
companies collect and use information under their own privacy policies.
A non-exclusive list of ad serving companies that
operate their own networks on our sites and online and/or mobile
products and/or services can be found at privacyappendix.ea.com.
For more information about the practices of other
large ad serving companies that may collect information based on your
interaction with ads on this site and others, or to "opt out" of
targeted advertising delivered by National Advertising Initiative (NAI)
member ad networks, you should visit
www.networkadvertising.org.
These ad serving
technologies are integrated into our sites, online or mobile products
and services; if you do not want to use this technology, do not play.
6. Anti-Cheat and Fraud
Prevention Technologies
EA strives to
provide a safe and fair gaming environment to all players of its games.
To prevent fraudulent activities and behaviors that may negatively
affect the experiences of a player, EA is authorized to use
"anti-cheating" software, or applications for the prevention of fraud
for our internet presence, during the use of our online products and/or
services (including online games), and mobile
platforms.
At login to EA online products and/or
services, during the setup of an EA/Origin account, and/or at the point
of sale, EA may collect data about your device in order to
create a hash of machine components. Information collected for
this purpose shall not be stored in retrievable form. EA uses
the collected information for the prevention of fraud, and for
authentication purposes. EA may consolidate the machine hash created for
this purpose with your EA/Origin account; data consolidated this way
will not be shared with any other third party, and will be used
exclusively for security and authentication purposes by
EA.
V. Information Provided To EA By
Third Parties.
EA also obtains personal
and non-personal information from third parties as discussed
below. EA only uses this data for purposes consistent with
this policy.
1. PlayStation®3
System
If you sign up to play EA games
through a PlayStation®3 system, your PlayStation®Network account
information will be provided to EA so that we can establish an EA Online
account (also known as an Origin Account) for you. You need an EA
Online account to play EA’s titles online. By signing up to play EA’s
titles, you agree that limited user account information can be
transferred to EA. Information transferred to EA includes your name,
email address, online ID, country, language and date of birth but does
not include credit card number or other financial account
information.
2. Xbox
LIVE
If you sign up to play EA games
through Microsoft’s Xbox LIVE Service, Microsoft will provide your Xbox
LIVE user account information to EA so that we can establish an EA
Online account for you. You need an EA Account (also known as an Origin
Account) to play EA’s Xbox LIVE titles. By signing up to play EA's Xbox
LIVE titles, you agree that Microsoft can transfer your user account
information to EA. Information transferred from Microsoft to EA includes
your Gamertag, email address, state or province, country, language and
age but does not include credit card number or other financial account
information.
3. Other Personal Information
Collected From Third Parties
We may also
receive other information from third parties, including in connection
with the operation and distribution of our products and services as well
as market and demographic studies that we use to supplement personal
and anonymous information collected or provided directly by you. Some
third party services such as Twitter and Facebook may also provide us
with information from your accounts there with your permission.
By playing an EA game through a social network or
other third party platform or service or by connecting to such a third
party network, platform or service via one of our products and/or
services, you are authorizing EA to collect, store, and use in
accordance with this Privacy Policy any and all information that you
agreed the social network or other third party platform could provide to
EA through the social network/third party platform Application
Programming Interface (API) based on your settings on the third party
social network or platform. Your agreement takes place when you connect
with the third party network, platform or service via our products
and/or services, and/or when you connect with, “accept” or “allow” (or
similar terms) one of our applications through a social network, or
other third party platform or service.
We may also
collect or receive information about you from other EA users who choose
to upload their email and other contacts. This information
will be stored by us and used primarily to help you and your friends
connect.
VI. What
Happens To The Information EA
Collects?
A. How EA Uses Your
Information
EA uses your information to
fulfill your specific requests, purchase orders and to send you purchase
confirmation and other account-related information. In addition, the
personal information you provide will allow us to send you messages
about things including new products, features, enhancements, special
offers, upgrade opportunities, contests and events of interest. You may
also later opt out of certain of these
communications.
Otherwise, EA uses personal and
non-personal information, both individually and combined together, to
better enhance your uder experience, improve our products and services,
understand the behavior and preferences of our customers, to
troubleshoot technical problems, to serve static and dynamic
advertising, for authenticaton purposes, to enforce our Terms of
Service, to ensure proper functioning of our products and services as
well as to help improve them. In addition, we combine non-personal
information with personal information, such as an email address, for
purposes including providing excellent customer service, administering
loyalty programs, and tailoring our communications, offerings, web pages
and/or game play experience to you.
By
use of friend finder tools such as Facebook, Game Center or other third
party services in our online and mobile products and services, you
acknowledge that use of these friend finder tools will help you find
your contacts and will also allow your contacts to associate your EA
Account, also known as an Origin Account, (and related gaming
entitlements, including games played on PC, mobile and console
platforms) with your social networking profile and/or email address.
Your resulting friends’ list, which may be accessible across EA social
platforms as available, will be subject to this privacy
policy. Note that the friends that you choose to include on
any EA or Origin friends’ list may be able to find and/or identify you
in the context of different EA products and services and see the
profiles you have established. Those friends may also be able to see the
gamertags that you use across EA's suite of products and
services. Choose your friends carefully.
If
you choose to use our referral service to "Tell a Friend" about an EA
product or site, we will ask you for your friend’s name and email
address. We will send your friend an email on your behalf inviting him
or her to visit the site or check out our product. EA stores your
friend's name and email for a short period for the sole purpose of
sending this email and for redundancy checking, to be sure that your
friend does not receive multiple copies of the same email message. We do
not keep or use this information for any other
purpose.
Your participation in tournaments or other
online game events is also conditional upon our collection, use,
storage, transmission and public display of statistical data (such as
your scores, rankings and achievements) generated through your
participation.
B. Will EA Share My Information
With Third Parties?
EA will never share
your personally identifiable information with third parties without your
consent. We may, however, share non-personally
identifiable, aggregated and/or public information with third
parties. There may be circumstances where you may share
information on your own. Please see section XI for more
details about your rights to information you share publicly on EA and
other third party sites and forums. You may also opt in to allow EA to
share your personal information with companies and organizations that
provide products or services that we believe may be of interest to you.
To opt out of further communications from a marketing partner or sponsor
with whom your information has been shared, please contact that partner
or sponsor directly.
EA does not disclose any
personal information about children under 18 years of age who have
registered on any of our websites to third parties, or share or disclose
personal information other than as set forth in this policy, provided
however, that in the event of a merger, acquisition, or the unlikely
event of bankruptcy, management of EA customer information may be
transferred to its successor or assign regardless of
age.
From time to time, EA employs third party
contractors to collect personal information on our behalf to provide
email delivery, product, prize or promotional fulfillment, contest
administration, credit card processing, shipping or other services on
our sites. When requesting these services, you may be asked to supply
your name, mailing address, telephone number and email address to our
contractors. We ask some third party contractors, such as credit
agencies, data analytics or market research firms, to supplement
personal information that you provide to us for our own marketing and
demographic studies, so that we can consistently improve our sites and
related advertising to better meet our visitors' needs and preferences.
To enrich our understanding of individual customers, we tie this
information to the personal information you provide to
us.
When our third party agents or service providers
collect and/or have access any information other than non-personal,
anonymous and/or aggregated data, EA requires that they use data
consistently with our stated privacy policies and protect the
confidentiality of personal information they collect or have access to
in the course of their engagement by EA. These third parties are
prohibited from using your personal information for any other purpose
without your specific consent.
You will be notified
before your personal information is collected by any third party that is
not our agent/service provider, so you can make an informed choice as
to whether or not to share your information with that
party.
We may also access and disclose personal
information, including personal communications, in connection with
report abuse functions in our products and services, to enforce legal
rights and comply with the law, or to comply with an order from a
government entity or other competent authority, or when we have reason
to believe that a disclosure is necessary to address potential or actual
injury or interference with our rights, property, operations, users or
others who may be harmed or may suffer loss or damage, or when we
believe that disclosure is necessary to protect our rights, combat fraud
and/or comply with a judicial proceeding, court order, or legal process
served on EA. Note that certain publically available information you
post and communicate on our and third party sites and services is public
information for which you have no expectation of privacy. See
Section XI for more details.
VII. Where
Is The Information Held?
EA is a global
organization and the majority of the computer systems on which EA
collects, stores, and uses the information it collects or receives are
based in the United States and the Netherlands. We may also utilize data
storage facilities located in Asia, Canada and/or the European Union.
Your personal information may be transferred to, used, processed or held
by EA in the United States and in other countries, including countries
outside your country of residence both in and outside the European Union
and Asia, and used for the purposes set out in this Privacy
Policy.
The servers and equipment on which your data
is stored and processed may be owned and operated by third parties with
whom EA has contracted to receive, store and process your personal and
non-personal information. In addition, EA and those third parties that
it has designated, may further transfer, store and process your personal
information on servers and equipment located in other countries. You
should be aware that the data protection laws of other countries may not
be the same as the data protection laws of your country of residence.
By submitting your personal information to EA, you agree to the
transfer, storage and processing of your personal information as
described in this section.
VIII. How
Does EA Protect Your Personal
Information?
EA understands the
importance of keeping your information safe and secure. EA will make
commercially reasonable effort to protect your personal information and
ensure the security of our systems. No method of transmission over the
Internet, or method of electronic storage, is 100% secure, however. We
cannot assume responsibility or liability for unauthorized access to our
servers and systems.
IX. Review, Correction Of Your
Information, Requesting Removal From Mailing Lists And Deactivating Your
Account
You can correct or update your
account information at any time by logging on our site and navigating to
“My Account,” “View My Profile” or other account settings. Should you
be unable to log in or wish to have your account(s) deactivated, contact
the Privacy Policy Administrator in your country as listed on our site
at privacyadmin.ea.com, or if your country is not listed, by contacting
the Privacy Policy Administrator in the United States. We will be happy
to review, update or remove information as appropriate. We may still
retain your information in our files however, to resolve disputes,
enforce our user agreement, and due to technical and legal requirements
and constraints related to the security, integrity and operation of our
websites.
Some EA sites or services may collect
personal information that is not accessible via our site. However, in
such cases, you may be able to access that information through
alternative means of access described by the service or by writing your
local privacy policy administrator at privacyadmin.ea.com and you will
be contacted within 30 days regarding your
request.
If you’ve granted EA access to your Facebook
account information through an EA or Playfish application, you may
request that EA delete your Facebook information by following the
instructions at
http://help.ea.com/article/deleting-facebook-data-from-EA or contacting
the Privacy Policy Administrator listed at privacyadmin.ea.com and
specifying the Facebook application used. Note that as a
result of deleting your data associated with an application on Facebook,
you will no longer have access to that
application.
X. A Special Note About
Children
Many EA online or mobile
products and services are intended for general audiences and do not
knowingly collect any personal information from children. When an EA
online or mobile product or service does collect age information, and
users identify themselves as under 13, the product or service will
either block such users from providing personal information, or will
ensure consent is obtained from parents for the collection, use and
sharing of their children's personal information. We will not knowingly
ask children under the age of 13 to provide more information than is
reasonably necessary to provide our services.
Please
note that if you grant consent for your child to use EA’s online or
mobile products and services, this will include such general audience
communication services as e-mail, instant messaging, and online groups,
and your child will be able to communicate with, and disclose personal
information to, other users of all ages. Parents can change or revoke
the consent choices previously made, and review, edit or request the
deletion of their children's personal information by sending an email to
the appropriate Privacy Policy Administrator at
privacyadmin.ea.com.
If we change this privacy
statement in a way that expands the collection, use or disclosure of
children's personal information to which a parent has previously
consented, the parent will be notified and we will be required to obtain
the parent's additional consent.
We encourage you to
talk with your children about communicating with strangers and
disclosing personal information online. You and your child should review
our Online Safety web page for additional information about using the
Internet safely.
Information collected is secured in a
manner consistent with this privacy policy (see Section VIII above). If
we change how we handle your child’s information, we will notify you in
a manner consistent with this policy.
Under no
circumstances do we condition a child's participation in an
activity—like contests—on the child's disclosure of more personal
information than is reasonably necessary to participate in the activity.
On certain sites, we may not permit children to participate at all
regardless of consent.
XI. Public Information Including
User Generated Content, Online Forums, Blogs And
Profiles
You may choose to disclose
information about yourself in the course of contributing user generated
content to EA sites or games or in our online chat rooms, blogs, message
boards, user “profiles” for public view or in similar forums on our
sites and/or on third party sites. Information that you disclose in any
of these forums is unencrypted, public information, may be accessed or
recorded by EA employees, and there is no expectation of privacy or
confidentiality there.
You should be aware
that any personally identifiable information you submit in the course
of these public activities can be read, collected, or used by other
users of these forums, and could be used to send you unsolicited
messages. We are not responsible for the personally identifiable
information you choose to make public in any of these
forums.
Note also that in the ordinary course of
Internet activity, certain information may be sent from your browser to
third parties such as advertising networks and analytics
companies. EA has no control over the information sent from
your browser to those networks or other third parties and recommends
that you ensure that your browser settings prevent the disclosure of
information you would not like to share.
If you post a
video, image or photo on one of our sites for public view you should be
aware that these may be viewed, collected, copied and/or used by other
users without your consent. We are not responsible for the videos,
images or photos that you choose to submit to EA’s site. Please see our
Terms of Service at terms.ea.com on this point and for other guidelines
about posting content on our websites.
XII. Third
Party Sites.
Our website may contain
advertising or services which link to other websites such as Twitter,
Facebook and YouTube. The fact that we link to a website is not an
endorsement, authorization or representation of our affiliation with
that third party. If you click on a link to a third party site,
including on an advertisement, you will leave the EA site you are
visiting and go to the site you selected. Because we cannot control the
activities of third parties, we cannot accept responsibility for any use
of your personal information by such third parties, and we cannot
guarantee that they will adhere to the same privacy and security
practices as EA. We encourage you to review the privacy policies of any
other service provider from whom you request services. If you visit a
third party website that is linked to an EA site, you should consult
that site’s privacy policy before providing any personal
information.
XIII. Products Offered In
Partnership With Third Party(s)
Members
may register for other services from our site(s). Certain products
and/or services available on our site are provided to you in partnership
with third party(s) and may require you to disclose personally
identifiable information in order to register for and access such
products and/or services. Such products and/or services shall identify
the third party partners at the point of registration. If you elect to
register for such products and/or services your personally identifiable
information will be transferred to such third party(s) and will be
subject to the privacy policy and practices of such third party(s). We
are not responsible for the privacy practices and policies of such third
party(s) and, therefore, you should review the privacy practices and
policies of such third party(s) prior to providing your personally
identifiable information in connection with such products and/or
services.
XIV. Contact
Information
If you have questions or
concerns regarding this statement, you should first contact the EA
Privacy Policy Administrator for the country in which you reside at the
email address or postal address specified at privacyadmin.ea.com. If
your country is not listed, please contact the United States’ Privacy
Policy Administrator or write to Privacy Policy Administrator,
Electronic Arts Inc., 209 Redwood Shores Pkwy, Redwood City, CA 94065.
If your inquiry is not satisfactorily addressed, you should contact
TRUSTe as instructed above. TRUSTe will then serve as a liaison with us
to resolve your concerns. Please note that the TRUSTe program only
covers information that is collected through this Website, and does not
cover information that may be collected through any software downloaded
from this Website.
For more information and updates
to our online Privacy Policy, visit
privacy.ea.com.
XV. California Residents: Your
California Privacy Rights
Under
California law, California Residents who have an established business
relationship with Electronic Arts Inc. (EA) or one of its subsidiaries
may choose to opt out of EA disclosure of personal information about
them to third parties for direct marketing purposes. As detailed above,
our policy is not to disclose personal information collected online to a
third party for direct marketing purposes without your approval. If you
choose to opt-out at any time after granting approval, email
privacy_policy@ea.com or write to Privacy Policy Administrator,
Electronic Arts Inc., 209 Redwood Shores Pkwy, Redwood City, CA
94065.
XVI. Dispute Resolution By
Binding Arbitration
The purpose of this
Section is to provide a streamlined method for resolution of disputes
between us if they arise. As discussed below, if we cannot
resolve our disputes informally and you are awarded a sum at arbitration
greater than EA’s last settlement offer to you (if any), EA will pay
you 150% of your arbitration award, up to $5000 over and above your
arbitration award.
PLEASE READ THIS
CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most
customer concerns can be resolved quickly and to your satisfaction by
logging into our customer support interface with your EA Account at
support.ea.com. In the unlikely event that EA cannot resolve a
concern to your satisfaction (or if EA cannot resolve a concern it has
with you after attempting to do so informally), then you and EA agree to
be bound by the following procedure to resolve any and all disputes
between us. This provision applies to all consumers
to the fullest extent allowable by law, but expressly excludes residents
of Quebec, Russia, Switzerland and the Member States of the European
Union. By accepting these terms, you and EA expressly waive
the right to a trial by jury or to participate in a class
action. This agreement is intended to be interpreted
broadly. This Section covers any and all disputes between us
(“Disputes”), including without limitation:
- claims
arising out of or relating to any aspect of the relationship between us,
whether based in contract, tort, statute, fraud, misrepresentation or
any other legal theory;
- claims that arose before this
Agreement or any prior agreement (including, but not limited to, claims
relating to advertising);
- claims that are currently the
subject of purported class action litigation in which you are not a
member of a certified class; and
- claims that may arise after
the termination of this Agreement.
The only disputes
that are not covered by this Section are the
following:
- a claim to enforce or protect, or
concerning the validity of, any of your or EA’s (or any of EA’s
licensors’) intellectual property rights;
- a claim related to,
or arising from, allegations of theft, piracy, or unauthorized
use;
- In addition, nothing in this Section shall prevent
either party from initiating a small claims court
action.
References to "EA," "you," and "us" include
our respective subsidiaries, affiliates, agents, employees, predecessors
in interest, successors, and assigns, as well as all authorized or
unauthorized users or beneficiaries of services or Software under this
or prior Agreements between us. This arbitration provision
evidences a transaction in interstate commerce, and thus the Federal
Arbitration Act governs the interpretation and enforcement of this
provision. This arbitration provision shall survive
termination of these Terms of
Service.
A.
Informal Negotiations/Notice of Dispute. You and EA
agree to first attempt to negotiate any Dispute informally for at least
30 days before initiating arbitration. Such informal
negotiations commence upon receipt of written notice from one person to
the other (“Notice of Dispute”). Notices of Dispute must: (a)
include the full name and contact information of the complaining party;
(b) describe the nature and basis of the claim or dispute; and (c) set
forth the specific relief sought ("Demand"). EA will send its
Notice of Dispute to your billing address (if you provided it to us) or
to the email address you provided to us. You will send your
Notice of Dispute to: Electronic Arts Inc., 209 Redwood Shores Parkway,
Redwood City CA 94065, ATTENTION: Legal
Department.
B.
Binding Arbitration. If you and EA are unable to
resolve a Dispute through informal negotiations within 30 days after
receipt of the Notice of Dispute, either you or EA may elect to have the
Dispute finally and exclusively resolved by binding
arbitration. Any election to arbitrate by one party shall be
final and binding on the other. YOU UNDERSTAND THAT
BY THIS PROVISION, YOU AND EA ARE FOREGOING THE RIGHT TO SUE IN COURT
AND HAVE A JURY TRIAL. The arbitration shall be
commenced and conducted under the Commercial Arbitration Rules of the
American Arbitration Association (AAA) and, where appropriate, the AAA’s
Supplementary Procedures for Consumer Related Disputes (AAA Consumer
Rules), both of which are available at the AAA website
www.adr.org. Your arbitration fees and your share of
arbitrator compensation shall be governed by the AAA Rules and, where
appropriate, limited by the AAA Consumer Rules. If such costs
are determined by the arbitrator to be excessive, or if you send EA a
notice to the Notice of Dispute address above indicating that you are
unable to pay the fees required to initiate an arbitration, then EA will
promptly pay all arbitration fees and expenses. The
arbitration may be conducted in person, through the submission of
documents, by phone or online. The arbitrator will make a
decision in writing, and shall provide a statement of reasons if
requested by either party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator fails
to do so. You and EA may litigate in court to compel
arbitration, to stay proceeding pending arbitration, or to confirm,
modify, vacate or enter judgment on the award entered by the
arbitrator.
C.
Restrictions. You and EA agree that any arbitration
shall be limited to the Dispute between EA and you
individually. To the full extent permitted by law, (1) no
arbitration shall be joined with any other; (2) there is no right or
authority for any Dispute to be arbitrated on a class action-basis or to
utilize class action procedures; and (3) there is no right or authority
for any Dispute to be brought in a purported representative capacity on
behalf of the general public or any other persons. YOU AND EA
AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless
both you and EA agree otherwise, the arbitrator may not consolidate more
than one person's claims, and may not otherwise preside over any form
of a representative or class proceeding. If this specific
provision is found to be unenforceable, then the entirety of this
arbitration provision shall be null and
void.
D.
Location. If you are a resident of the United
States, arbitration will take place at any reasonable location
convenient for you. For residents outside the United States,
arbitration shall be initiated in the County of San Mateo, State of
California, United States of America, and you and EA agree to submit to
the personal jurisdiction of that court, in order to compel arbitration,
to stay proceedings pending arbitration, or to confirm, modify, vacate
or enter judgment on the award entered by the
arbitrator.
E.
Recovery and Attorneys’ Fees. If the arbitrator
rules in your favor on the merits of any claim you bring against EA and
issues you an award that is greater in monetary value than EA's last
written settlement offer made before written submissions are made to the
arbitrator, then EA will:
- Pay you 150% of your
arbitration award, up to $5,000 over and above your arbitration award;
and
- Pay your attorney, if any, the amount of attorneys'
fees, and reimburse any expenses (including expert witness fees and
costs) that you or your attorney reasonably accrues for investigating,
preparing, and pursuing your claim in arbitration ("the attorney
premium").
The arbitrator may make rulings and
resolve disputes as to the payment and reimbursement of fees, expenses,
and the alternative payment and the attorney premium at any time during
the proceeding and upon request from either party made within 14 days of
the arbitrator's ruling on the merits.
The right to
attorneys' fees and expenses discussed above supplements any right to
attorneys' fees and expenses you may have under applicable law, although
you may not recover duplicative awards of attorneys' fees or
costs. EA waives any right it may have to seek an award of
attorneys’ fees and expenses in connection with any arbitration between
us.
F.
Limitation on Arbitrator’s Authority. The arbitrator
may award declaratory or injunctive relief only in favor of the
individual party seeking relief and only to the extent necessary to
provide relief warranted by that party's individual
claim.
G.
Changes to This Provision. Notwithstanding any
provision in this Agreement to the contrary, we agree that if EA makes
any future change to this arbitration provision (other than a change to
the Notice Address), you may reject any such change by sending us
written notice within 30 days of the change to the Arbitration Notice
Address provided above. By rejecting any future change, you
are agreeing that you will arbitrate any dispute between us in
accordance with the language of this
provision.
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