GameFly respects the privacy rights of our users. The GameFly Privacy Policy (this "Privacy Policy") provides information about how we collect, store, disclose and use information. Please also review our online Terms of Use, which are linked at the bottom of our web pages and the Streaming Terms of Service, which are linked at the bottom of the GameFly Streaming web pages and on the GameFly Streaming App, which govern the commercial-transaction, user-generated content and social-networking features of our websites ( www.gamefly.com, www.cheatfreak.com) and the GameFly Streaming Service, respectively.
By reading this Privacy Policy, you can expect to be informed about the following:
What Does This Privacy Policy Apply to?
This Privacy Policy applies to all of the online and mobile websites operated by GameFly, including but not limited to the gamefly.com and cheatfreak.com websites, including all subpages and successor pages thereto (each, a “Website” and collectively, the "Websites"), the GameFly Streaming Service and other services provided by or on behalf of GameFly (collectively, the “Services”), and the GameFly mobile application and associated services (the "GameFly App," "Application," or "App") (all collectively, the “GameFly Network”), unless a different policy is provided on a particular site or application, in which case such different policy shall control. Unless expressly provided for, this Privacy Policy does not extend to any websites, services or applications of any third party companies or organizations to which we link or which link to us. GameFly does not operate or control those websites, services or applications.
* Review the privacy policy of any third party website, service or application linked to or accessible from the GameFly Network before you submit any personal information to such parties.
We reserve the right, in our sole and absolute discretion, to make changes from time to time (with or without notice) to this Privacy Policy. As such, you should review this Privacy Policy periodically to check for updates. When we amend this Privacy Policy, we will revise the “last updated” date located at the bottom of this Privacy Policy. For changes to this Privacy Policy that we consider to be material, we will place a notice on the Website by revising the link to read substantially as “Updated Privacy Policy”, post a notice in the user interface for a reasonable amount of time or contact you by email (sent to the email address listed in your account). If you provide information to us or access or use the GameFly Network in any way after this Privacy Policy has been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of this Privacy Policy will be available on the Website and via the user interface and will supersede all previous versions of this Privacy Policy.
* By using or accessing the GameFly Network, you signify your assent to this Privacy Policy. If you do not agree to this Privacy Policy, delete all cookies from your browser cache after visiting or using the GameFly Network and do not visit or use the GameFly Network thereafter. Your continued use of the GameFly Network will signify your acceptance of these terms.
Use of Information That You Provide to Us
Typically, we ask you to submit personal, financial and/or demographic information if you decide to:
* To simply browse the GameFly Network, you are not required to provide any personal information. However, if you choose not to submit personal information when requested to do so, you may not be able to access some or all of the services that we provide.
GameFly Account Registration
To create a GameFly account, we ask you for certain personally identifiable information, which may include your full name, email address, postal address, telephone number, and billing information (such as a credit card number). We may also ask you to create a password and to provide other information such as your gender, game and platform preferences (e.g., about the games and hardware you own), hobbies and interests, and other information (including "demographic information") as part of your user profile - we may link this demographic information to your personal information.
When you visit, download and/or use the GameFly Network, we automatically collect information on the type of device you use, operating system version, and device identifier (or "UDID").
Once collected, we use the information above to: (i) create, confirm and give you access to your GameFly account; (ii) process and complete your transactions; (iii) communicate with you (via email, SMS, MMS, or voice) about the status of your account and transactions; (iv) answer any requests that you may have; (v) send you GameFly newsletters that you have chosen to receive; and (vi) serve advertisements to your Web browser that we believe may be of interest to you (see "Online Advertising Practices" below for more information). We may also use your GameFly account email address to send you service-related announcements that tell you about updates to our Privacy Policy, Terms of Use or Streaming Terms of Service, new areas or features on the GameFly Network, changes to our online service or technical support policies, and other related changes. We may also use your personal and demographic information aggregated with other users' information for our internal marketing and demographic studies and that of our licensors, so we and they can improve the online products and services provided to you and to better meet your needs.
* If you want to be excluded from receiving promotional email communications, you may unsubscribe via the opt-out link embedded in the communication or by logging in to My Account and updating your Email Subscription preferences.
GameFly App Usage
When using GameFly social features (which may include user reviews, following users, and status updates), or the GameFly App, we may ask for or automatically capture certain personally identifiable information, including your full name, email address, user name and password/passcode. We may ask you to provide other information as part of your "bio" or "profile," such as your gender, location (city and state only), and social network URLs and to create a user picture/avatar. The foregoing information is used to identify you to us and other users as a GameFly App user and to allow you to access the functionality that may be provided on the App, such as posting messages and receiving App updates (e.g., when another App user responds to one of your posts, etc.). Note that you can link the information contained in your GameFly and App accounts. We may also automatically capture your IP address, and/or your unique device identifier and your telephone number and location, and use such information for display and geolocation authentication purposes. You may opt-out of having the location information from your mobile device used by us at any time by turning it off at the device level.
Non-Personally Identifiable Information
When your computer or mobile device contacts our web servers (for example, when you visit or use certain portions of the GameFly Network), our web servers automatically collect usage information. Such usage information includes information about how our visitors use and navigate the GameFly Network. It can include the number and frequency of visitors to the GameFly Network and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting or using the GameFly Network, and IP addresses (see below for more information on IP addresses). We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, email, advertising or promotional announcement or similar service. This information is used to analyze and improve the GameFly Network, and to provide you with a more fulfilling and relevant experience.
GameFly Referrals
When you use the GameFly Referrals Program (or the "Referral Program"), we may ask you to provide your and your friends' first names and email addresses. This information may be used to email them a one-time promotional communication offering a free GameFly trial membership or discount pre-paid membership, and the opportunity to make further referrals to their friends. If opted in, you and/or your friends may receive additional communications from us or our vendors in relation to the Referral Program and your and/or your friends' participation in it. The data collected through the Referral Program is used only for the operation and ongoing maintenance of the Referral Program and will not be used for any other purpose or distributed to any third parties other than those GameFly vendors retained to operate and maintain the Referral Program.
* You and your friends may opt-out of participation in the Referral Program at any time via the opt-out links in the communications sent to you and your friends, or by sending an email to us at friends_optout@gamefly.com."Contact Us" Form
If you choose to contact us via our online form, we ask you to provide your first name, email address, and a description of your question or comment. This form is intended for questions and comments only. We use the personal information you provide solely to respond to your inquiry and for no other purpose. We may retain and aggregate your comments for demographic purposes and to improve our services.
Sharing Pages With Friends
The GameFly Network may offer you the opportunity to connect your accounts from third party social media sites, such as Facebook and Twitter, through an application programming interface (API) or other software. By allowing the GameFly Network to connect with your accounts on such third party sites, you may opt to consent to our accessing the information in those accounts, which information may include personally identifiable information. You may likewise consent to our publishing on the GameFly Network any such information or actions you take on such third party sites. Additionally, you understand that by accessing the GameFly Network via your social media account, activity you engage in through the GameFly Network may be published on the third party site. It is your choice whether to use any such third party sites, and you understand that in some instances such third party sites may request to access and publish information about you or your friends that is included in your GameFly account. Third party sites are not covered by this Privacy Policy. We recommend you review the privacy policies of each third party site before you share pages or information with your friends through those sites.
Useof Information Collected Through Technology
Browser Cookies
The GameFly Network may set browser "cookies"on your computer or other device. Cookies are alphanumeric identifiers that may be transferred to your computer's or mobile device’s hard drive or storage through your Web browser when you visit or use the GameFly Network. If cookies are disabled on your Web browser, you will not be able to use many of the functions of the GameFly Network. The "Help" menu on most Web browsers will tell you how to enable or disable cookies.
Please note that information contained in a cookie may be linked to your personally identifiable information via an account ID. Cookies allow us to provide enhanced functionality for the GameFly Network, such as:
In addition, our third party advertising partners may place unique cookies on your browser via the GameFly Network for purposes of serving advertisements when you visit or use the GameFly Network or when you visit or use non-GameFly websites on the Internet. Please see below for more information about our "Online Advertising Practices." Our Privacy Policy does not cover the use of cookies by third parties. We do not have access or control over these cookies.
Flash Cookies & HTML5
Portions of the GameFly Network may require the use of the Adobe Flash Player. Adobe’s Flash Player is used by many websites that offer video and other interactive content. By default, your use of the Adobe Flash Player generates “flash cookies” (also known as “persistent identification elements” or “local shared objects”). Adobe provides a short disclosure about Flash Cookies in its End User License Agreement, stating “Use of the web players, specifically the Flash Player, will enable the Software to store certain user settings as a local shared object on our computer. These settings are not associated with you, but allow you to configure certain settings within the Flash Player.” The Adobe Flash Player (and similar applications) use flash cookies to remember user settings, preferences and usage similar to the browser cookies referenced above, but flash cookies can store more information than browser cookies and are managed through a different interface than the one provided by your Web browser. You can control the degree to which you accept flash cookies by accessing your Adobe Flash Player management tools directly through the settings manager for Adobe Flash, located at http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. If you do not allow flash cookies to take any space on your computer or device, you may not be able to take advantage of or participate in certain features of the GameFly Network. Users with a computer running the Windows operating system can view flash cookie files in this folder: \Documents and Settings\[username]\Application Data\Macromedia\Flash Player. Users with a computer running the Apple operating system can view flash cookie files in this folder: /users/[username]/Library/Preferences/macromedia/Flash Player. Flash cookies, or LSO files, are stored typically with a “.SOL” extension.
IP Addresses
An IP address is a number that is assigned to your device or network when you are linked to the Internet. When you request pages from the GameFly Network, our servers may log your IP address. We may use IP addresses for a number of purposes, such as system administration, to present available streaming products based on your IP address, to report aggregate information to our business partners or to audit the use of the GameFly Network. We may associate your IP address with the personally identifiable information you provide.
We also may collect and store information about you that we receive from other sources to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.
Clear GIFs (Web Beacons/Web Bugs)
Our third party advertising partners may employs a software technology called clear GIFs (a.k.a. Web Beacons/Web Bugs), that help us better manage content in certain portions of the GameFly Network by informing us what content is effective. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user's computer hard drive, clear GIFs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear GIFs to our users' personally identifiable information.
Analytics Software
We use analytics software to allow us to better understand the functionality of our mobile software on your phone and on the GameFly Streaming App. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We may collect geolocation, user ID, user profile photo, UDID, username, and IMEI to optimize content and advertising and to measure usage and engagement.
Disclosure and Sharing of Information
We will not sell your information to third parties, however we may share your information with third parties as outlined below.
Third Party Service Providers
We work with third party companies, agents, and contractors ("Vendors") to perform some important tasks, including but not limited to credit card processors, marketing companies and cloud service providers. We require that our Vendors maintain the confidentiality of any information about our users that may be disclosed to them and, except to the extent expressly stated herein, to use such information solely for the purpose of providing the contracted-for services on GameFly's behalf.
One such Vendor who provides credit card processing services collects information and data in respect of users and transactions processed through their credit card processing solution (“Solution”). Such Vendor complies with the Payment Card Industry Data Security Standard (“PCI DSS”) in respect of users’ data. The Vendor transmits all user data to the applicable payment scheme for processing and may provide certain user data or other payment information to GameFly, subject to applicable law, rules and regulations. Such Vendor may use the user data for improving its Solution, implementing fraud screening services or resolving disputes. In addition, the Vendor may use aggregate, anonymous information that does not itself identify any specific individual or user for its own commercial purposes, including providing such information to its commercial partners. The Vendor takes commercially-reasonable measures and uses industry-standard security methods to protect the information it collects, but no method of electronic communication or security can be guaranteed. The Vendor will provide user data as required by law or in compliance with a request from law enforcement authorities. The Vendor may use subcontractors, located in any jurisdiction, that are subject to reasonable confidentiality obligations.
External Links
The GameFly Network may contain links to, or advertisements about, non-GameFly websites. Other sites may also reference, advertise, or link to the GameFly Network. GameFly does not endorse or sponsor other websites, is not responsible for the privacy practices or the content of non-GameFly sites, expressly disclaims any statements or assertions made on such websites, and denies all liability associated with your use of, and the content on, such other websites and advertisements. Please be advised that the practices described in this Privacy Policy do not apply to information gathered through other websites. We encourage you to be aware of this when you leave the GameFly Network and to read the privacy policy of each and every website that you visit.
Online Advertising Practices
Ad Serving Technology: Certain portions of the GameFly Network may employ proprietary or 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 the GameFly Network. We or third parties operating the ad serving technology may use demographic and location information, as well as information logged from your hardware or device to ensure that appropriate advertising is presented within the GameFly Network 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 collect data for this purpose, including your IP address (including for purposes of determining your approximate geographic location), device ID, information about your software, applications and 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. Note that if you click on an ad that appears on the GameFly Network, you acknowledge and agree that your name or other identifying characteristics may be revealed to the advertiser (or its ad server) through referrer headers (the URL transmitted by publishers when users click on ads).
You recognize and agree that the advertising companies who deliver ads for GameFly may combine the information collected with other information they have independently collected from other services or products. These companies collect and use information under their own privacy policies. These ad serving technologies may be integrated into the GameFly Network.
Advertising Third Party Products & Services: The third party ads appearing on the GameFly Network are delivered to your browser by DoubleClick via Future US, our Web advertising partner. DoubleClick (or a similar third party vendor) may set and access its own cookies on your Web browser in order to serve ads it believes may be of interest to you based on the profile information you provided to us at registration (e.g., demographic information) as well as information collected about you by DoubleClick elsewhere on the Web. DoubleClick (or a similar third party vendor) may use information about you gathered from the GameFly Network (including your demographic information provided to us upon registration as well as your browsing behavior) to serve third party ads to you elsewhere on the Internet. DoubleClick's (or a similar third party vendor's) use of cookies on the GameFly Network is subject to DoubleClick's (or a similar third party vendor's) privacy policies. For more information about DoubleClick and how cookies work, please visit DoubleClick's website and the Network Advertising Initiative's homepage. Please see “Can I choose how my personal information is used?” below to learn more about setting your Web browser to block cookies.
Social Networking
The GameFly Network may contain links to other sites where third parties may collect, store or share information about you. We clearly mark those links on the GameFly Network so you will know if you are submitting your information to a third party (e.g., to a social network such as Facebook or Twitter). In addition, you may have the option to enable sharing specific actions automatically to a social network. If you have opted in to automatic sharing, you will not be notified by GameFly each time a sharing action occurs. As noted above, GameFly does not operate or control those third party sites, so please review the privacy policy of any linked site before providing any personal information or using any feature of a social networking site that is linked to the GameFly Network.
Through the GameFly Network, you may be able to connect with friends, display your game rentals and purchases; discuss games with the community of users, follow or be-followed-by other gamers; and engage in other aspects of social networking. As noted above, some of your personal information, such as your name, and other profile information, may be displayed publicly to other users of the GameFly Network. You can control the information that is publicly displayed to the GameFly Network community by managing your Privacy Settings in the GameFly Network; and you can control whether to publicly post a message or whether you have added or played a game.
Certain portions of the GameFly Network may include social media features (“Features”), such as the Facebook Like button and Widgets, the Share This button or interactive mini-programs that run on our site. These Features may collect your IP address and information about which page you are visiting and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on the GameFly Network. Your interactions with these Features are governed by the privacy policy of the company providing it.
Social Sign On
The GameFly Network may allow you to login using third party services like Facebook or Twitter. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. These services also give you the option to post information about your activities to your social network in order to share with others within your network.
Public Forums
The GameFly Network may offer publicly accessible user-generated content. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at support@gamefly.com. In some cases, we may not be able to remove your personal information, in which case we will let you know that we are unable to do so and why. If you are a minor, you have certain additional rights regarding removal or anonymization of content and information you’ve posted, as more fully addressed in this Privacy Policy in the section entitled, What is the GameFly policy regarding children?
Co-Sponsors and Promotional Partners
We may run or co-sponsor contests, special offers, or other events or activities ("Events") on the GameFly Network. Information collected for these Events may include personally identifiable information (e.g., name, mailing address, etc.) and may be collected by or shared with a third party sponsor, co-sponsor, or other third party (e.g., promotional partner, retailer, or game or magazine publisher). If you provide information to participate in such Events, we cannot control the third parties' use of your information. If you do not want your information to be collected by or shared with a third party, do not participate in these optional Events.
From time to time, we are approached by third party companies and organizations that provide game-related special offers or other offers that we believe may be of interest to you. To extend these offers to you, we may use your GameFly account information to send out promotional mailings to you on their behalf. If you select to sign up for the third party offer, we will share your GameFly account information with the third party offer provider. We see this as a value-added service helping you find useful products or services. We will not share your information with the third party offer provider unless you chose to take advantage of the third party offer. If you wish to opt-out from third party sharing you may do so by contacting us at support@gamefly.com.
In some instances, we may have an arrangement with a promotional partner or retailer, whereby they share with us customer information collected on their website. In the event that we receive such data and combine it with our user records, the combined information will be treated in accordance with this Privacy Policy. Otherwise, all such information is subject to the privacy policy under which it was collected.
Disclosure and/or Transfer of Personal Information
We may disclose any or all personal or non-personal information related to you to support an investigation or if we have a good faith belief that it is required by law, including but not limited to requests pursuant to subpoena or court order or similar legal process, and/or disclosure to local, state, or federal law enforcement, or other government officials pursuant to investigations they are conducting, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. In addition, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, any user information in our possession may be transferred to our successor or assignee. You will be notified via email, a prominent notice on our Website and/or via the user interface of any change in ownership or uses of your personal information in connection with such transfer, as well as any choices you may have regarding your personal information.
Can I Choose How My Personal Information Is Used?
If you wish to view or update the personal information set forth in your GameFly account, such as your name, email address, password, billing address, credit card number, email subscription preferences, or other account information, log in to My Account. There is a link to My Account on most pages of the GameFly Website. Please note that you must log in with your email address and password before you can update any account information. If you believe that your account information contains errors, and you cannot correct those errors from the My Account page, please contact Customer Service. Our normal response time to your account questions is 1 business day. Please be sure to include an email or phone number where you can be reached so we can promptly assist you.
We will retain your information (including geo-location data) 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 to provide you services, contact us at support@gamefly.com. We will retain and use your information as necessary to comply with our legal obligations and financial and tax reporting requirements, resolve disputes, and enforce our agreements.
If you wish to opt out of receiving the GameFly newsletter, special offers, and/or promotional information, log in to My Account and change your Email Subscriptions; or, contact support@gamefly.com. In addition, at the bottom of every GameFly communication sent to you, we provide you an unsubscribe or opt-out link to discontinue receiving future communications (i.e., unsubscribe).
If you wish to not disclose information to other GameFly Network users, log in to the GameFly Network to manage your Privacy settings and turn displays to "Off."
What Is the GameFly Policy Regarding Children?
For GameFly’s Games by Mail service: You must be 18 years or older to create a GameFly account and become a member of GameFly’s Games by Mail service. While children under the age of 18 may utilize the Games by Mail service, they may do so only under the supervision of a parent or legal guardian and subject to our Terms of Use. We encourage parents to use our Parental Controls feature, which will allow you to control which games your child can rent or purchase under your account. Therefore, if a parent or guardian is the account holder and manages Parental Controls, the account password should not be disclosed to the child. Note that GameFly’s Games by Mail service is not directed at children under the age of 13, nor do we intentionally collect information from children under the age of 13. If we receive notice that we have inadvertently collected information from a child under 13, we will take all reasonable steps to promptly delete the information collected from that child.
For the GameFly Streaming Service: You must be 18 years or older to create a GameFly account and become a member of the GameFly Streaming Service. While children under the age of 18 may utilize the GameFly Streaming Service, they may do so only under the supervision of a parent or legal guardian and subject to the Streaming Terms of Service. We may offer a Parental Controls feature, which will allow you to control which Games your child can access and use under your account. Therefore, if a parent or guardian is the account holder and manages Parental Controls, the account password should not be disclosed to the child. Note that the GameFly Streaming Service is not directed at children under the age of 13, nor do we intentionally collect information from children under the age of 13. If we receive notice that we have inadvertently collected information from a child under 13, we will take all reasonable steps to promptly delete the information collected from that child.
GameFly respects rights afforded minors under the California Online Privacy Protection Act (CalOPPA), codified under Sections 22580-22582 of the California Business & Professions Code. In accordance with CalOPPA, GameFly will respond expeditiously to requests on behalf of minors to remove or anonymize content or information posted by such minors.
If you are a minor or the parent or legal guardian of a minor who has posted content or information to the GameFly Network and you would like such content or information to be removed or anonymized, please direct your request to GameFly at privacy@gamefly.com. Upon receipt of your request, GameFly will promptly anonymize or remove the content. You should be aware that anonymizing content will remove it from your profile and will remove all identifying information from the comment on the original page, however it will not completely or comprehensively delete the data. Further, while the original posted content will be anonymized or removed, any portion of that content that has been copied or reposted by a third party may not be deleted or anonymized.
How Does GameFly Protect My Personal Information?
GameFly employs security technologies and procedures to protect the confidentiality, security and integrity of the personal information collected from visitors and users of the GameFly Network. GameFly uses a secure server to encrypt all of your personal information. The secure server employs Transport Layer Security (TLS) encryption, which is an industry standard method of encryption. We have also implemented reasonable security guidelines for our employees, partners, and vendors. We will continue to update and enhance our security practices as new technology becomes available.
While we take steps to ensure the security of your personal information, no data transmission can be guaranteed to be 100% secure. Therefore, please be aware that when you submit information to us, you do so at your own risk. To further protect your personal information, we ask that you play an important role as well. Take care to prevent unauthorized persons from learning any of your GameFly account information.
You are solely responsible for safeguarding your GameFly logins and passwords. To prevent unauthorized use of your accounts, be sure to change your password often and keep it in a safe place.
Notice to California Residents/Your California Privacy Rights
California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately preceding calendar year (e.g., responses to requests made in 2016 will contain information about 2015 sharing activities). California residents may request further information about our compliance with this law by sending a request to the address set forth in the Contact Us section below. You must include “California Privacy Rights” in the subject line, and your full name, email address, and postal address in your request. Please note that under California law, businesses are only required to respond to a customer request once during any calendar year, and we are not required to respond to requests made by means other than through this physical mailing address.
Contact Us
If you have any questions, complaints, or comments regarding this Privacy Policy or our information collection, storage, disclosure and use practices, please email or contact us at:
Attn: Vice President, Customer Service
GameFly, Inc.
PO Box 80924
Austin, Texas 78708
1-888-986-6400 - M - F, 9 a.m. - 5 p.m. CST
support@gamefly.com- 7 days a week
Any personal information you provide to the above email or postal mail addresses will not be used to send you promotional materials, unless you request it.
If you have any questions, complaints or comments regarding our GameFly Referrals Program, please contact friends_cs@gamefly.com.
Last Updated: September 8, 2017