Overview
This Privacy Policy describes how Hard Carry Gaming, Inc., and its affiliates, subsidiaries, and parent companies (collectively, “NRG”) collect, use, and disclose certain information, including your personal information, both online and offline, and the choices you can make about the use of that information. The Properties (defined below) are operated by NRG. Throughout the Properties, the terms “we”, “us” and “our” refer to NRG. NRG offers these Properties, including all information, tools and services available from these Properties to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Properties and/or purchasing products from our Properties (“Products”) or using the features offered on these Properties, you engage in our Services (as defined below), including but not limited to, emails, newsletters, communities, discord server, sweepstakes, and contests (the “Services”). This Privacy Policy applies to all information collected about you by NRG, regardless of how it is collected or stored, and describes, among other things, the types of information collected about you when you interact with the Services, how your information may be used, when your information may be disclosed, how you can control the use and disclosure of your information, and how your information is protected.
NRG will collect both personal information, and non-personal information (collectively, the “Information”) and act as the data controller regarding your personal information.
This Privacy Policy covers all the following NRG websites and/or mobile applications (the “Properties”): https://www.nrg.gg/; https://shop.nrg.gg/; https://sfshockgear.com/.
Your use of the Properties is also governed by our Terms of Service, which can be found here.
Our Properties may link to third-party websites or applications. This Privacy Policy does not apply to third party websites or online properties to which our Properties may link, and you accept NRG is not responsible for the security or privacy practices of any such third-party websites or properties.
If you have any questions or complaints about this Privacy Policy, or if you wish to exercise your legal rights set forth herein, please contact us by means of the “Contact Us” section below.
1. Information We Collect and How We Use It
NRG collects Information about you from you and other sources. As set out below in more detail, we use, and in specific cases combine, that Information to operate, tailor content, personalize, adjust and improve our Properties, and to send you messages or personalized information about our Services, including for marketing and promotional purposes.
i. Information Provided by You
As set out in more detail in the following, NRG may collect Information from you when you: (A) use our Properties, including use of social media properties; (B) engage in our Services; and (C) choose to receive newsletters on Products and services and/or receive marketing emails.
A. Use of Our Properties
When you visit or use our Properties we may collect, process and/or combine Information about your use of those Properties, such as, but not limited to, your name, email address, photos, gender, birthday, location, an ID associated with the applicable third party platform or social networking account user files like photo and videos, your list of friends, people you follow, and similar related Information (the “Information”). We may use Cookies and/or similar technologies (collectively referred to as “Cookies”) and services to do this. In addition, we or our partners may also use Cookies to serve ads in our Properties. Please see our Cookie Policy below for more details.
When you visit or use our Properties, we may automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
B. Receive Newsletters on Products and Services
NRG may offer you the ability to receive newsletters or marketing periodically by email about our Products and Services, and the products and services of NRG affiliates. You can stop receiving further newsletters or marketing emails by unsubscribing from the link in the footer of each email we send to you.
C. Shipping
NRG may collect and store your address and/or phone number for the purposes of shipping any Products purchased as a result of your use of the Properties.
D. Use of Your Information
NRG may use your Information for the following purposes:
• For the purposes for which you provided it;
• To send you information about your relationship or transactions with us;
• To ship and/or transport any Products you purchase from us to you;
• To process payments you make as a result of purchasing Products via the Properties;
• To send you alerts or other communications via email, or other media or networks, including, without limitation, newsletters you may sign up for;
• To notify you about new features and offerings, including, but not limited to, discounts, events, Products, other services, and/or special offers;
• To administer sweepstakes and contests;
• To process and respond to your inquiries;
• To contact you with information that we believe may be of interest to you;
• To respond to an inquiry you submit to us;
• For internal research and reporting;
• To send you to third-party websites/applications, as requested by your use of the Properties and Services;
• To improve the content and features of the Properties;
• To allow us to personalize the content and advertising that you see on the Properties;
• To enforce the legal terms that govern your use of the Properties;
• To administer and troubleshoot the Properties;
• As required by law; and
• To share your information with reputable third parties who may provide you with information about their products and/or services that may be of interest to you.
E. Information Provided by Other Sources
We may also obtain Information about you from other sources. We only collect Information from other sources where they have confirmed to us they are legally entitled to share it with us.
We may use Cookies to provide and support our Properties and each of the uses outlined and described above. Please see our Cookie Policy below for more information.
2. Children and Parents
NRG does not knowingly collect or store any personal information from children under 13 years old in the US or under the relevant age threshold in other jurisdictions where the child is located. However, we may collect technical information required for delivering the service and for the support of our internal operations from all users of our Properties. If parents/guardians believe that we have unintentionally collected their children’s personal information or otherwise used their children’s personal information for another purpose, they may reach out to us via the Contacting Us section below. Parents/guardians should contact NRG immediately if they have any concerns.
3. Your Choices
You have choices over the Information provided by you and by other sources, and how that Information is used by NRG. You can exercise your choices by (i) changing your personal profile, if applicable, (ii) unsubscribing from any email newsletter, or messaging system, or (iii) following the procedures described in the Privacy Policy. Unless you direct us not to, we may share your information with reputable third parties so that they may contact you to offer products, services and promotions, such as sweepstakes and contests that you may find valuable.
i. Your Choices About Information Provided by You
If you do not want to provide NRG with personal information, then you can choose not to provide it. Please note that if you choose not to provide us with personal information, we may not always be able to provide you with the relevant NRG product or Services that you want. For example, without providing an email address, you will not be able to sign up for NRG newsletters.
ii. Your Choices About Information Provided by Third Parties
You may be able to control how third parties collect and share your Information by changing your preferences or opting out of collection directly with those third parties. Before disclosing Information to third parties, we recommend you check their respective privacy policies for further details.
iii. Your Choices About NRG Using Your Information
You can exercise choices over how NRG uses your personal information and update your preferences at any time:
• to remove yourself from receiving email marketing or newsletters from NRG, simply click the unsubscribe link in the email;
• to disable selected Cookies from collecting information relating to the effectiveness of advertising campaigns or analytics data and from serving you with personalized advertising on our Properties or third-party properties, please see our Cookie Policy below.
If you opt-out of receiving email marketing communications from us, please note that we may still contact you occasionally to provide you with Service-related information.
4. Sharing Information
As set out below in more detail, NRG may share Information as follows:
• with vendors, sponsors, and business partners engaged by NRG in order to provide you with goods, Products, or services you have requested or online advertising selected by us;
• if required to do so by applicable law, regulation or legal process;
• third parties who perform services on our behalf and for other legitimate business purposes;
• if necessary to exercise, establish or defend our legal rights;
• if necessary to protect the rights, property or safety of any person; and
• in connection with the sale of our business or assets.
Please note that any Information, including personal information that you reveal in a chat room, message board, or other public forum, is publicly viewable. When you post personal information publicly through the Properties (if applicable) it may be viewable by other users of these sites and we cannot prevent further use of the personal information by third parties.
i. Vendors
Vendors provide goods and services (for example, Shopify, Webflow, consumer services support, consultancy, information technology hardware and software) to NRG in order to support, operate and develop the Properties and to deliver marketing communications on our behalf. Vendors use your Information to execute, deliver and/or from time to time improve the services they provide. We do not share Information with vendors to use for their own direct marketing purposes or any other purpose other than those set out in this section without your consent.
ii. Law
We will disclose your Information in the good faith belief that we are required to do so by law, including but not limited to disclosure to law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you, us, or our affiliates to legal liability.
This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.
iii. Legal Rights
We will disclose your Information where necessary for the purpose of exercising, establishing or defending our legal rights. For example, we will review your communications and other Information in order to investigate allegations of hacking or any other breach or alleged breach of any applicable Terms of Services or of this Privacy Policy and disclose may your personal information, including communications, to our legal advisors, consultants and law enforcement or other government officials.
iv. Protecting Others
We disclose your Information with third parties where we believe this is necessary to protect the rights, property or safety of any person. For example, we disclose Information relating to an online account if we in good faith believe the user of that account is using it in ways that are harmful to others (e.g. making inappropriate contact with minors).
v. Sale of Our Business or Assets
Separately, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, NRG customer information, including Information and communications, may be transferred to our successor or assign.
5. Security
NRG takes a range of security measures designed to protect your personal information and keep it confidential (unless it is non-confidential by nature, for example, publicly-available information). We also take steps to ensure that the personal information collected is protected from misuse and alteration. In addition, we request vendors who process personal information on our behalf to themselves take a range of security measures designed to help protect your personal information. However, the Internet by its nature is not a secure environment and the nature of security risks is constantly evolving, as are the technical and organizational industry standards relating to management of those risks. The complete security of any personal information collected, stored or used by us or our vendors cannot therefore be guaranteed. . In the event any Information under our custody and control is compromised as a result of a data security breach, we will take steps to investigate and remediate the situation and, in accordance with applicable laws and regulations, notify those individuals whose information may have been compromised.
6. Accessing Information and Retention Period
If for any reason you are concerned with the way we are using your personal information, or would like to correct, view, update or request that we delete such personal information, you can send your request to us using the Contacting Us section below.
i. Retention Period
We delete your personal information which we process for the performance of the Services or based on your consent if you withdraw your consent or where you request us to delete your personal information in accordance with this Privacy Policy. As an exception, we will not delete your personal information where we still have a legitimate interest to use your personal information. For example, we may still retain your Information to resolve disputes, enforce our Terms of Services or legal rights, or comply with legal requirements; in these cases, your personal information will be blocked from use for any other purpose. In any case, we will not retain or use your personal information longer than necessary for the purposes outlined in this Privacy Policy. Due to technical reasons, residual copies of Information that has been removed from your account and/or the Properties may remain in our backup systems.
7. Contacting Us
Please contact NRG at the Contact Address set forth below if you would like to request any of the following:
• NRG erases your identifying information.
• A copy of the personal information NRG has about you.
• That your personal information be corrected.
• That restrictions be added in the way your data is processed.
• To object to the way your data is being processed.
• To exercise your rights as a California resident, pursuant to Section 8 below.
CONTACT ADDRESS: info@nrg.gg
8. Your California Privacy Rights
Since 2005, California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not share our user's personal information with unaffiliated third parties for their own direct marketing purposes, without the user’s approval.
The California Consumer Privacy Act of 2018 (the “CCPA”) grants California residents the following rights with regard to the personal information we collect about you: (i) the right to know what personal information we have collected about you, and the purpose for which it was collected; (ii) the right to request that we delete any personal information we have collected from you (subject to certain exceptions, as outlined in the CCPA and CPRA); (iii) the right to opt-out of the sale of your personal information; and (iv) the right to non-discrimination for exercising your rights herein. For the avoidance of doubt, we do not sell your personal information, but if we did, California residents would have the right to opt out of the sale of your personal information, pursuant to the rights granted above.
The California Privacy Rights Act (the “CPRA”) amended and expanded the existing CCPA laws governing consumer privacy and data rights for California residents. CPRA grants special protection to California consumers’ data pertaining to government identifiers, financial account login information, precise geolocations, genetic data, biometric information, race, ethnicity, religious and/or philosophical beliefs, union memberships, content of non-public communications, and data relating to your sexual orientation (collectively, “Sensitive Personal Information”). In addition to the rights granted by the CCPA, the CPRA grants California residents the following rights regarding the personal information we collect: (i) the right to request that we limit our use and discloser of your Sensitive Personal Information; (ii) the right to correct any inaccurate personal information; and (iii) the right to opt-out of the sharing of your personal information with any third-party. NRG does not currently meet any of the legal thresholds which would subject NRG (and your personal information) to the CPRA; in the event NRG does meet the applicable legal thresholds, NRG shall comply with the CPRA, and your rights granted thereunder.
If you are a California resident and wish to opt out of having your personal information shared with third parties, opt out of receiving information from the NRG (via e-mail or postal mail) about new products, services, or promotions, and/or exercise any other California privacy right, please contact us in accordance with the Contacting Us section above. We will be happy to honor your request.
i. California Privacy Rights for Minor Users
Since January 1, 2015, California Business and Professions Code Section 22581 permits you, if you are a California resident under the age of 18, to view, correct, or delete Information provided by you or publicly posted by you. You may do this by please contacting us in accordance with the Contacting Us section above, and asking us to delete certain posted content.
We will be happy to review, update or remove Information and/or content as appropriate. Residual copies of Information and/or content that have been deleted may remain in our backup systems. We may still retain your Information to resolve disputes, enforce our user agreement, or comply with legal requirements; in this case, your personal information will be blocked from use for any other purpose.
9. Disclosure to Users Outside the US
In addition, if you are a visitor to the Properties, purchasing Products, or using our Services from outside the U.S., the personal information you provide will be collected, processed and stored directly on, or transferred to, servers in the United States or other countries where NRG or its affiliates, or our other partners or vendors maintain facilities or business operations.
No matter where the Information is located, NRG takes commercially reasonable measures to safeguard your privacy rights in accordance with this Privacy Policy. If you do not agree to the collection, processing, storage and transfer of your Information, please do not provide your Information when requested and stop using our websites and other online products and services.
10. Do Not Track
Although we respect and value your privacy, NRG does not currently respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy regardless of whether a DNT signal is received.
11. Closing
We reserve the right to change this Privacy Policy. Every modification will be announced on this page. We advise the users of our website to regularly check this page if adjustments have been made. The current Privacy Policy has been updated in January 2023.
Cookie Policy
NRG uses cookies and/or similar technologies on the Properties (collectively referred to as "Cookies"). A "cookie" is a small bit of record-keeping information that many websites and other online products and services often store on a user's computer or device in order to identify it and associate activity with it.
When visiting the Properties you may have options to enable or disallow Cookies. We use Cookies to optimize your visit, make your browsing and/or user experience as effective as possible, and let you know about offers and features that we think will interest you. This means that if you disallow Cookies, your use of the Properties may be impaired.
Depending on the Property you are using, and the country you are based in, Cookies may be set on your computer or device by either:
• NRG - to recognize and associate activity with your computer or device when it visits a Property. NRG Cookies cannot be used to recognize or associate activity with your computer or device when it visits other, third party websites or online properties.
• Third Parties - to enable third party features or functionality to be provided on or through our Properties or other online properties (e.g. advertising and analytics). The third parties that set these Cookies may be able to recognize your computer or device both when it visits the Properties or other online properties that use the third party's features and functionality.
i. Types of Cookies
There are four categories of Cookies (necessary, performance, functionality and advertising), as well as technologies that are similar to cookies, that may be served through our Properties. Cookies may also be set by third parties, including our affiliates, and their vendors and partners. To see a list of the specific Cookies that our Properties may contain, please see the Cookie List at the bottom of this Cookie Policy.
To learn more about your opt-out choices for cookies, please see the Managing Cookies section below. To learn more about your opt-out choices for technologies that are similar to cookies, please see the Similar Technologies section below.
Necessary Cookies
These Cookies are essential in order to enable you to move around websites or online properties and use their features, such as accessing secure areas of a website.
Performance (or Analytics) Cookies
These Cookies collect information about how visitors use a website or online property, for instance, which pages visitors go to most often, and if they get error messages from web pages. These Cookies don't collect information about the actual identity (e.g., name) of a visitor. All information these Cookies collect is aggregated. They are only used to improve how a website or other online property works. We generally contract with third parties (such as Google Analytics), to provide these services on our behalf.
Functionality Cookies
These Cookies allow the website or online property to remember choices you make (such as the language or the region you are in) and provide enhanced, more personalized features. These Cookies can also be used to remember changes you have made related to accessibility (e.g. text size, fonts) and customization. They may also be used to provide services you have asked for such as watching a video. The information these Cookies collect may be anonymized and they cannot track your browsing activity on other websites.
Advertising Cookies
These Cookies are used to deliver advertisements that are more relevant to you and your interests. They also help limit the number of times you see an advertisement as well as measure the effectiveness of the advertising campaign. They remember that you have visited a website and this information is shared with other organizations or advertisers.
NRG may partner with third party online advertising and analytics companies to tailor and deliver advertisements, products, services, and promotions on NRG Properties, as well as other online properties which we do not control. To help select the ads of greatest interest to you, these companies may use Cookies to collect and track information such as demographic data (e.g., gender, occupation, etc.), aggregated information, search keywords, geo-location, and device-related data (for example, browser type, language, IP address, Advertising ID, time/date) to select advertisements that are more relevant to your interests and to better personalize the experience for you. In some instances, third-parties may also use Cookies to collect anonymized or device-related information about your visits to NRG Properties in order to monitor the effectiveness of the ads (e.g., by using analytics Cookies) and to provide third-party advertisements about goods and services likely to be of greater interest to you.
NRG may use, combine and share anonymized or aggregated information obtained from Cookies with third parties such as vendors or advertising partners. For example, we may use information such as interests or preferences to group you with other people with similar interests or preferences and place you into a market segment. We may then display advertisements which we believe people in your market segment will find relevant. We may also share Information obtained from Cookies with third parties such as vendors or advertising networks in order to permit them to provide services on our behalf or to partner with us in selecting and serving advertisements for us or our advertising partners.
If you would like to find out more about Cookies you may find the following link useful: http://www.allaboutcookies.org/.
ii. Managing Cookies
You can review your options to manage Cookies by:
• clicking on the opt out options for each applicable Cookie;
• opening the "Help" menu on the browser menu bar. Most browsers will tell you how you can disable or delete Cookies or set your browser to alert you when Cookies are being sent to your computer;
• visiting your mobile device developer's website or reviewing your device manual. Most mobile device developers will tell you how you can manage the settings on your mobile device to opt out of and/or delete Cookies from your mobile device, or to limit the use of and/or opt out of targeted advertising; or
• visiting http://optout.aboutads.info/ (or other similar services) for choices to opt out of advertising.
If you reject all Cookies, you may not be able to use certain features of our websites and other products and services.
We may embed photos and/or video content on our Properties from third-party sources such as YouTube, and these sites may set their own Cookies. Similarly, our Properties may have buttons that enable you to share content on social media or other sites, and these services may set a Cookie on your device. This Cookie Policy does not apply to Cookies set by such features, and NRG does not control these Cookies set by third parties. We encourage you to review the third-party privacy policy or cookie policy for more information about these Cookies and how to manage them.
iii. Permission to Use Cookies
By using the Properties you agree, and we will assume you consent, to receive Cookies unless you manage your cookie choices by one of the means set out above.
Please also note that the use of information obtained by third party providers through cookies placed by them is also subject to their own privacy policies. We encourage you to review the privacy policies of these third-party providers, as their privacy practices may vary from ours.