Effective Date: October 5, 2021
IF YOU USE THE SITES, BUFFALO GAMES AND ITS AFFILIATES WILL COLLECT, USE AND SHARE YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS POLICY. If you do not agree to any terms in this Policy, do not use the Sites or otherwise provide us with Personal Information.
We may modify this Policy at any time. All changes will be effective immediately upon posting to the Sites. Material changes will be conspicuously posted on the Sites or otherwise communicated to you.
IF YOU ARE A CALIFORNIA RESIDENT, PLEASE SEE SECTION 13 BELOW FOR ADDITIONAL TERMS THAT MAY APPLY TO YOU.
1. What Is Personal Information?
2. Personal Information We Collect
In the last 12 months, we have collected the following categories of Personal Information:
Category of Personal Information- Identifier
Data Element- IP Address; Unique personal identifier; Email Address; Real Name; Postal Code; Phone Number; Mailing Address
Purposes for Collecting- Categorizing unique visits/network providers, Logging visits from unique network provider, Responding to inquiries about our products, Advertising new products and promotions, To arrange for and provide support and maintenance, To send you information about your products , Responding to your questions or concerns.
Category of Third Party or Service Provider with Whom Personal Information is Shared- Service Providers; Distributors; Partners
Category of Personal Information- Commercial Information
Data Element- Purchases and purchasing history (and related contact information), Invoices
Purposes for Collecting- Understanding our customer base, Marketing, Facilitating product fulfillment and return, Product support, repair, and maintenance
Category of Third Party or Service Provider with Whom Personal Information is Shared- Marketing Service Provider, Payment Processors, Distributors
Category of Personal Information- Internet Activity
Data Element- Browsing history; Device type; Browser preferences and version; Visited URL; videos viewed
Purposes for Collecting- Ensuring performance and availability of the Sites, Monitoring and troubleshooting issues on the Sites, Alerting to issues/problems, Responding to inquiries about our products, To provide a personalized website experience, To improve our marketing efforts, Sites, product improvement, To learn about our Sites users
Category of Third Party or Service Provider with Whom Personal Information is Shared- Service Providers; Third Parties; Distributors; Partners
Category of Personal Information- Employment
Data Element- Employment history; resume; references; contact information; your skills and experience; your behavior and motivations
Purposes for Collecting- To evaluate your qualifications for employment with Buffalo Games
Category of Third Party or Service Provider with Whom Personal Information is Shared- Service Providers; Partners; Third-Party Vendors
3. Categories of Sources of Collection
We generally collect Personal Information from the following two categories of sources: (1) you provide Personal Information directly to us or (2) we automatically collect Personal Information from you when you use our Sites (e.g. cookies). The chart above describes in more detail the categories of sources from which we collect Personal Information.
SOURCE 1: We Collect Personal Information You Provide.
We collect Personal Information that you provide directly to us. Personal Information is required to use certain Sites features, for example, to purchase products, sign up for our newsletters, contact us via email or telephone, to create online accounts, send us questions through forms on our Sites, submit job application materials, inquire about missing puzzle pieces, and respond to communications from us (e.g., promotional offers).
When you create an account through our Sites, we collect your contact information (e.g. name, address, phone number, email address). You are also required to choose a password which you should keep confidential.
When You Make a Purchase.
When you make a purchase online, we use Braintree as our PCI-compliant payment processor ("Payment Processor") to help us facilitate payment. We have contracted with the Payment Processor to ensure they protect and limit the use of your Personal Information. We do not receive your credit card, debit card or other financial information when you make a purchase online, such information is provided directly to our Payment Processor. However, we do receive your contact information and purchase information. We will keep a record of your purchases.
Missing Puzzle Pieces, Requesting Posters and Product Support Inquiries.
When you submit a request for missing puzzle pieces or requesting a poster, we will collect and use your name, email and mailing address, and comments to verify your inquiry and review your request.
We may use your email and mailing address to send you promotional and other electronic and hardcopy communications. We may use third-parties or service providers, such as Mailchimp to deliver these communications to you. You may opt-out of such emails by using the unsubscribe link in the email. To opt-out of other communications (e.g., postal marketing and telemarketing), please contact us as set forth in the "Contact Us" section below. Opting out of marketing communications does not opt you out of other, non-marketing communications from us.
When you provide comments or feedback about our Sites or our products ("Feedback"), we will not treat that Feedback as confidential and we may use that Feedback for any purpose in our sole discretion so long as it does not personally identify you. Feedback will be used without attribution or compensation to you.
SOURCE 2: We Collect Personal Information Automatically.
We collect information automatically from you when you visit the Sites.
Cookies & Other Tracking Technologies.
What are cookies and web beacons / pixel tags? A cookie is a small text file that our Sites save onto your computer or device when you use the Sites that provides us certain information about your activities. Cookies allow the Sites to remember your actions and preferences and recognize you or your browser, along with some information you provided. Web beacons / pixel tags are small graphics on a webpage that monitor your activity when viewing a webpage.
- make our Sites function properly;
- provide personalized experiences;
- tailor our interactions with you;
- help with our marketing efforts;
- provide us with valuable data and statistics about the usage and effectiveness of our Sites and to help us improve our Sites;
help us improve our services;
- may help with customer log-in credentials;
- help provide online shopping carts; and
- provide wish lists and product recommendations.
What type of information do Cookies collect? The Cookies on our Sites may collect information such as:
- IP addresses assigned to the computers and other devices you use;
- your internet service provider;
- device ID number;
- approximate geographic location (e.g., zip code);
- browser type;
- Sites pages visited;
- websites you access before and after visiting the Sites; and
- data related to how and when you use the Sites.
We may combine information from Cookies with other Personal Information.
How long do Cookies last? A Cookie can either be a “session” Cookie or a “persistent” Cookie. Session Cookies exist only for so long as you are visiting the applicable Sites and are typically deleted when you exit your web browser. Persistent Cookies exist for a set period of time, for example, up to several months or years. Each time you visit Sites that have implemented a persistent Cookie, the persistent Cookie is renewed and that Cookie will remain active until its predetermined expiration date. You can manually delete persistent Cookies through your browser settings.
First and Third-party Cookies. Cookies may either be “first-party” or “third-party” Cookies. A first-party Cookie allows your web browser to talk to the actual Sites that you are visiting (i.e. the Sites). A third-party Cookie allows your web browser to talk to a third-party website, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider. We may not have control over how a third-party uses information collected through third-party Cookies.
How do you manage Cookies or opt-out? Most browsers automatically accept cookies. You can disable this function by changing your browser settings, but disabling cookies may impact your use and enjoyment of the Sites. Not all features or functions of the Sites may work properly if you disable Cookies. You cannot disable all Cookies, such as Cookies that are essential to the functioning of the Sites.
Google Analytics. We use Google Analytics to collect and process information about your use of the Sites. Google sets cookies on your browser or device, and then your web browser will automatically send information to Google. Google uses this information to provide us with reports that we use to better understand and measure how users interact with our Sites. We may also implement additional add-on services to Google Analytics, such as Demographics and Interest Reporting, Remarketing with Google Analytics, and Google Display Network Impression Reporting.
Online Behavioral Advertising. Advertising network services gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables the delivery of advertisements directly targeted to the consumer’s specific interests. This practice is often referred to as “targeted advertising.”
We use advertising network services that collect data about your visits to the Sites and other websites across the internet. These advertising network services use such data to target personal content and advertisements to you about our products. The data collected may be associated with your personal information. The targeted advertisements may appear on the Sites and on other websites and may be sent to you via email.
4. How We Use Personal Information. In the past 12 months, we have used Personal Information for the following purposes:
As Stated or Agreed to at the Point of Collection. We may use Personal Information for the purposes stated or agreed-to (or as is obvious) at the point of collection. For example, we use Personal Information to respond to your questions, comments, or complaints. We may also use Personal Information as requested or consented to by you.
Administration. We use Personal Information for administrative purposes, such as to inform our business strategies and our mission, and the programs we provide, and to understand the Sites’ demographics and user preferences. We use Personal Information to help us improve our products, services and the Sites, as well as develop new products and services.
Website Management. We use Personal Information to help us manage the Sites, such as troubleshooting problems, improving the content and functionality of the Sites, statistical and other analyses of the Sites, and to customize the Sites to you and our users.
Advertising and Communications. We may use Personal Information to send you advertising, to notify you of new services or programs, to notify you of new features of our Sites, to notify you of changes to this Policy, and for other similar communications.
To Protect Our Rights. We may use Personal Information to protect our legal rights or interests, or those of other parties, including to bring a legal action against you or anyone who may be causing harm to us, our Sites, or to other users of the Sites.
5. Disclosure of Personal Information
We may share Personal Information with the following parties, in compliance with applicable laws:
Employees and Affiliated Brands. We may share Personal Information with our employees, affiliates, and affiliated brands who have a need to know the information for our business purposes, product development, and commercialization efforts.
Third-Parties and/or Service Providers. We may share Personal Information with third parties and/or service providers that provide services for us. For example, we may share Personal Information with vendors to help us host and manage the Sites; provide advertising and marketing; improve the content and functionality of the Sites; perform data analysis and statistical analysis; troubleshoot problems with the Sites; provide email services; provide data processing; and support or provide the security of the Sites.
Government Officials / Law Enforcement. We will cooperate with law enforcement and other governmental agencies, and may disclose Personal Information: (i) if we believe in good faith we are legally required to disclose that Personal Information, (ii) if we are advised to disclose Personal Information by our legal counsel, or (iii) when necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with the legal rights of, Buffalo Games or any other party.
Professional Advisors. We may share Personal Information with our professional advisors, such as our attorneys, accountants, financial advisors and business advisors, in their capacity as advisors to Buffalo Games.
Change in Ownership. In the event Buffalo Games is the subject of a change of control or in the event the Sites changes ownership, in whole or in part, or in the event of a bankruptcy, receivership or a similar transaction, we may provide Personal Information to the subsequent owner(s) or as part of the related due diligence process.
Other. We may share Personal Information with third parties when explicitly requested by or consented to by you, or for the purposes for which you disclosed the Personal Information to us as indicated at the time and point of the disclosure (or as was obvious at the time and point of disclosure).
6. Use and Disclosure of Non-Personal Information
We may collect or create information or data that does not personally identify an individual and is not readily available for that purpose. We may collect, use, share, transfer and otherwise process such information for any business purposes in its sole discretion, in compliance with applicable laws. Buffalo Games and its affiliates are the sole and exclusive owner of any information it creates that does not personally identify you, including if it de-identifies any Personal Information to create de-identified and/or aggregate information.
7. Information We Do Not Intend To Collect
“Sensitive Information” is any data that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that involves genetic or biometric data or data concerning health or sexual orientation. We do not intend to collect any Sensitive Data from you. Please do not provide Sensitive Data to us.
Children’s Information. The Sites are not directed at children under 13 years of age. We do not knowingly collect, use, or share Personal Information from children under 13. If a parent or legal guardian learns that their child provided us with Personal Information without his or her consent, please contact us and we will make commercially reasonable attempts to delete such Personal Information.
8. Social Media
We are active on social media, including Facebook, Twitter, Instagram, TikTok, YouTube, and Pinterest (“Social Media”). Anything you post on Social Media is public information and will not be treated confidentially. We may post (or re-post) on the Sites and our Social Media pages any comments or content that you post on our Social Media pages.
Your use of Social Media is governed by the privacy policies and terms of the Social Media providers that own and operate those websites and not by this Policy. We encourage you to review those policies and terms.
9. Data Security
We use commercially reasonable technical and organizational measures to help secure Personal Information against loss, misuse, and alteration appropriate to the type of Personal Information processed. If a breach of your Personal Information occurs, we will notify you of the breach if required under applicable law.
You understand that no data transmission over the internet can be guaranteed to be 100% secure. While we strive to protect Personal Information, we do not guarantee the security of Personal Information and you provide Personal Information at your own risk.
10. Access from Outside the United States.
If you access the Sites from outside the United States, please be aware that Personal Information may be transferred to, stored in, and processed in the United States. Certain governmental authorities may not consider the level of protection of Personal Information in the United States to be equivalent to that required by in other jurisdictions.
11. Third-Party Websites
12. Access & Update Your Personal Information
To update your Personal Information as it exists in our records, please contact us using the information below.
We Do Not Sell Personal Information. We do not Sell Personal Information to third parties. You have the right to opt-out of the Sale of your Personal Information by businesses subject to the CCPA. "Sale" / “Sold” / "Sell" has the definition set forth in the CCPA.
Categories Of Personal Information Disclosed For A Business Purpose.
In the last 12 months we disclosed the following categories of Personal Information for our business purposes, or one of our service provider’s business purposes. See Section 2 above for more detail on the type of Personal Information in each category.
- Commercial Information
- Internet Activity
Right to Access. You have a right to access any of the following that occurred in the prior 12-month period:
· The categories of Personal Information we collected from you;
· The categories of sources from which the Personal Information was collected;
· The specific pieces of Personal Information that we have collected from you (i.e. "data portability");
· The categories of third parties with whom we shared your Personal Information;
· The categories of Personal Information that we Sold or disclosed for a Business Purpose; and
· The Business or Commercial Purpose for collecting or selling your Personal Information.
Right to Deletion. You have a right to request that we delete Personal Information we collected from you. We will comply with such request, and direct our service providers to do the same, subject to certain exceptions permitted by applicable law.
How to Exercise Your Rights of Access and Deletion.
How to Exercise Your Rights. To exercise your rights under the CCPA, you may contact us at any of the following:
Buffalo Games and Noir:
Email: [email protected]
Email: [email protected]
Who May Exercise Your Rights. If you are a California resident, only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a request related to your Personal Information. See the section titled "Using an Authorized Agent" for more information. A parent or legal guardian may make a request on behalf of their child.
Verifiable Consumer Request. In order to verify your request, you must provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Information, and you must describe your request with sufficient detail to allow us to properly understand, evaluate, and respond to your request.
When we receive your request to exercise your rights under the CCPA: (a) we will acknowledge receipt of your request; (b) we will try to match the information you provide in making the request with information we already maintain about you; (c) if required to verify your identity, we may ask you to provide additional information, including Personal Information; and (d) we will consider various factors when determining how to verify your identity, such as the sensitivity and value of the data, the risk of harm, the likelihood of fraud, etc.
We will only use Personal Information we collect during the verification process for the purpose of verifying your identity. If you maintain an account with us, we may use that account to respond to your request and/or verify your identity. If we are unable to verify your identity as required by applicable laws and regulations, we will decline to comply with your request, and let you know why.
When We Will Respond. We will try to respond to your request within 45 days. If we require additional time, we will inform you of the reason and extension period. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. For data portability requests, we will select a format to provide your Personal Information to you. We may charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded.
Using an Authorized Agent. You have a right to submit requests to exercise your rights under the CCPA through an authorized agent. An authorized agent must be registered with the Secretary of State in California to conduct business in California. If you choose to use an authorized agent, you must (a) provide signed, written permission to that authorized agent to submit requests on your behalf, (b) verify your identity directly with Buffalo Games, and (c) directly confirm with Buffalo Games that you granted permission to the authorized agent to submit the request on your behalf. For clarity, you are required to verify the identity of both yourself and the authorized agent.
We may deny a request from an authorized agent if we do not have proof that they are authorized by you to act on your behalf.
Non-Discrimination. You have a right to not receive discriminatory treatment for exercising any of your rights under the CCPA. If we choose to offer a financial incentives program in the future, additional terms will apply which may be an exception to this Section.
California’s “Do-Not-Track” Requirement. we currently do not honor “do not track” requests.
Shine the Light. Pursuant to California Civil Code Section 1798.83, if you are a California resident, you have the right to obtain: (a) a list of all third parties to whom we may have disclosed your Personal Information within the past year for direct marketing purposes, and (b) a description of the categories of Personal Information disclosed, by emailing us at [email protected]
14. Contact Us
If you have questions regarding this Policy or how we treat your Personal Information, please contact us at:
Buffalo Games and Noir:
220 James E. Casey Drive
Buffalo, NY 14206
Email: [email protected]
70 Bridge Street, Suite 200
Newton, MA 02458
Email: [email protected]