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Privacy Policy

Introduction

The purpose of this Privacy Policy is to describe how the products and other U.S. online interfaces and properties (e.g., websites, services, features, content or applications) operated under the names, marks or logos “Rainmaker,” “Rainmaker.gg” “Rainmaker app” (collectively, “Rainmaker”), including, without limitation, the www.Rainmaker.gg website (together with any subdomains, applications, mobile applications, online interfaces, properties, content, and/or other products or services offered by the Company (as defined herein) under the Rainmaker name, the “Site”) collects, uses and shares information about you through the Site. Rainmaker and the Site are products and services owned, offered and/or controlled by Infiniscene, Inc. d/b/a Lightstream, a Delaware corporation (the “Company,” “us,” “we” or “our”).

Please read this notice carefully to understand what we do. If you do not understand any aspects of our Privacy Policy or if you have any questions about the collection, storage or usage of your Personal Information (as defined below), please feel free to Contact Us or as described at the end of this Policy.

Our Privacy Policy explains:

  • Information We Collect and Why We Collect It
  • How We Use and Share Your Information
  • Access to Your Information and Choices
  • Security of Your Information
  • Data Protection Laws Generally
  • California Privacy Rights
  • International Privacy Practices
  • Changes to Our Privacy Policy
  • Questions and How Contact Us

Scope of Privacy Policy; Third Party Websites

This Privacy Policy applies only to information we collect at and through the Site. The Company collects information in connection with the services provided by the Site. In the course of providing such, the Company may collect “Personal Information,” which means any information relating to an identified or identifiable natural person (a “data subject”) (an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person).

Our Site may also contain links to third party websites that are not owned or controlled by Company. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage you to be aware when you leave our Site and to read the privacy statements of each and every website that collects Personal Information.

Terms of Use

Please note that your use of our Site is also subject to our Terms of Use.

Information We Collect and Why We Collect It

No Information From Children Under Age 13

We do not use the Site to knowingly solicit Personal Information or other data from, or to knowingly market to, children under the age of 13. If you are under the age of 13, please do not attempt to register with us at this Site or provide any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under the age of 13, we will promptly delete such information. If you believe we might have any information from a child under the age of 13, please Contact Us.

Why We Collect Information

In order to use the Site, you must register though your account with a third-party streaming website, such as Twitch, YouTube, Mixer and Facebook (each an “Required Platform” and collectively, the “Required Platforms”). As part of such registration process, you have agreed to provide us with certain permissions to receive certain data and information collected by the Require Platform, which is different for each Required Platform. We collect the data and information that we need to authenticate your registration with the Required Platform you are registered with and for you to use the Site, safely and securely, in accordance with the Beta Test Agreement.

In some jurisdictions, such as, without limitation, the EU (as defined herein) and the EEA (as defined herein), we only collect, use or share information about you when we have a valid reason. This is called “lawful basis.” The lawful basis for collection of all information we collect on the Site is one or more of the following:

  • The consent you provide to us at the point of collection of your Personal Information;
  • The performance of a contract we have with you, including, without limitation, the Terms of Use;
  • The compliance of a legal obligation to which we are subject; or
  • The legitimate interests of the Company, a third party or yourself.

Examples of legitimate interests include: (1) to ensure that our networks and information are secure; (2) to verify that our internal processes function as intended and comply with legal, regulatory and contractual requirements; (3) to identify and prevent fraud and nefarious activity on the Site; (4) to administer and generally conduct the Company’s business; and (5) to assess users’ interactions with the Site and provide support in connection therewith.

Information You Provide To Us Through Registration with a Required Platform And/Or With Us

Since you register through a Required Platform, we will receive data and information from the Required Platform. We do not accept all data or information that is provided by the Required Platform, but we do accept Personal Information, including the following:

  • Name
  • Address
  • Email address
  • Telephone number
  • Date of birth
  • User-generated content (blog posts, comments, photos, videos, messages, social media, etc.)
  • Friends and contacts
  • Feedback you provide
  • Surveys you complete
  • Username and password

Any Personal Information that you share through the Required Platform will also be covered by the Required Platform’s privacy policy. Please note that any information you disclose in your public activities on the Required Platform, along with your screen name or ID, or any image or photo, becomes public.

You can provide information (including Personal Information) to us on our Site through other means, including:

  • When you register at the Site and/or create an online account
  • On your account information page
  • Contact us pages and forms
  • Newsletter sign-up
  • Live chat / instant messaging
  • Online email forms
  • Information provided through your smart phone or mobile device
  • Feedback forms
  • Request for information forms
  • Sweepstakes, surveys, promotions or contests
  • When you provide user generated content such as user comments, blog posts and other social media communications
  • If you sign an Outside Company Agreement (as defined in the Terms of Use) as a Streamer (as defined in the applicable Outside Company Agreement) and/or a Brand (as defined in the applicable Outside Company Agreement), we may collect your credit card information, bank account information, PayPal information and/or information necessary to complete an IRS form W-9 (including, without limitation, your address and your social security number). We will use such information to bill you for services, provide you with payments and otherwise provide you with the services and meet our obligations as set forth in the applicable Outside Company Agreement.

Information We Collect Automatically

We collect certain information automatically as you use our Site, using both the products listed below and a product called Segment and Intercom. This includes information such as:

  • IP address
  • Browser type
  • Computer or device type
  • Unique device identifiers
  • Operating system version
  • The website from where you navigated to our Site
  • Time and date of using our Site
  • The pages on our Site that you view
  • The name of your Internet service provider (ISP)
  • Location / Geolocation information
  • Cookies
  • Your live video and audio streams when you are using the Company product to produce live-stream production to third-party platforms such as Twitch.tv, Youtube, and Hitbox.tv
  • Image files you upload during your broadcasts

Google Analytics

The information above is collected primarily through our use of Google Analytics to help analyze how users use the Site. The Google Analytics tool uses “cookies,” which are text files placed on your computer, to collect standard Internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the Site (including IP address) is transmitted to Google. This information is then used to evaluate visitors’ use of the Site and to compile statistical reports on website activity for Company. For more information regarding Google Analytics please visit Google’s website, and pages that describe Google Analytics, such as https://google.com/analytics/learn/privacy.html.

Cookies

When you visit our Site we send one or more “cookies” to your computer or other device. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Site features or services may not function properly without cookies. We use cookies to improve the quality of the Site and our services, including for storing user preferences, tracking user trends and providing relevant advertising to you.

Pixel Tags

We may use “pixel tags,” also known as “web beacons,” which are small graphic files that allow us to monitor the use of our websites. A pixel tag is a type of technology placed on a website or within the body of an email for the purpose of tracking activity on websites, or when emails are opened or accessed, and is often used in combination with cookies. A pixel tag can collect information such as the IP (Internet Protocol) address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time the page containing the pixel tag was viewed; the type of browser that fetched the pixel tag; and the identification number of any cookie on the computer previously placed by that server.

How We Use and Share Your Information

To Provide Products, Services, and Information

As described above, we collect information (including Personal Information) from you so that we can provide products and services to you through the Site, and provide information that you request from us. We use your Personal Information to register and service your account and to manage the Site. We may send you information about our products and services, and new offerings. We may send you information about surveys, sweepstakes, promotions, and contests, as well as newsletters or other communications. We may contact you to protect the security and integrity of the Site and the Company and to improve and customize our service and product offerings and Site.

We may use third party service providers, such as Intercom.io, Braintree or Payment Rails, to, without limitation, help host our Site, send out email updates about the Site, provide marketing and advertising services for us, remove repetitive information from our user lists and, if you are a party to an Outside Company Agreement, process payments. These third party service providers will have access to your Personal Information in order to provide these services, but when this occurs we implement reasonable contractual and technical protections to limit their use of such information to helping us provide the applicable service. We also may use demographic information to better understand our customers and improve our products and services.

Advertising and Marketing

We may use how you browse in order to show you ads for Company or our advertising partners that we feel are relevant to your interests. We may use cookies and other information to provide relevant interest-based advertising to you. Interest-based ads are presented to you based on your browsing behavior in order to provide you with ads more tailored to your interests. These interest-based ads may be presented to you while you are browsing our Site or third party websites not owned by Company. Some websites may belong to ad networks that use your browsing history across websites to choose which ads to display on their sites; the displayed ads may include advertising for Company. To learn more, and to opt out of seeing interest-based advertisements on these sites, visit the Network Advertising Initiative and the Digital Advertising Alliance websites (www.networkadvertising.org and www.aboutads.info). Websites may also offer their own opt-out methods for interest-based advertising.

Your Consent

Except as otherwise set forth in this Privacy Policy or in our Terms of Use, we will not share Personal Information with companies, organizations or individuals outside of the Company unless we have your affirmative (and informed) consent to do so. We do not collect or share any “Sensitive Personal Information.” Sensitive Personal Information is a particular category of Personal Information relating to racial or ethnic origins, political or religious beliefs or sexuality.

Legal Proceedings

We will share information (including Personal Information) with third party companies, organizations or individuals outside of the Company if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

  • Meet any applicable law, regulation, subpoena, legal process or enforceable governmental request.
  • In accordance with any agreement in place between yourself and the Company.
  • Enforce our Terms of Use or any applicable terms of use, privacy policy or similar agreement of a third party website, including investigation of potential violations.
  • Detect, prevent, or otherwise address fraud, security or technical issues.
  • Protect against harm to the rights, property or safety of Company, our users, customers or the public as required or permitted by law.

Transfer in the Event of Sale or Change of Control

If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Site to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may transfer or sell your Personal Information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the promises made in the applicable privacy policy unless you agree differently.

Access to Your Information and Choices

You can access and update certain information we have relating to your online account by signing into your account and going to the Account Settings section of our Site (“Account Settings”). If you have questions about Personal Information we have about you or need to update your information, you can Contact Us.

If you would like to request to review, correct, restrict or delete Personal Information that you have previously provided to us, if you would like to object to the processing of Personal Information, or if you would like to request to receive an electronic copy of your Personal Information (to the extent this right is provided to you by applicable law), you can Contact Us. We will respond to your request in accordance with the applicable law that governs the collection, use and deletion of your data and information. Any requested deletion will be as comprehensive as possible but is always subject to issues outside of our control, including applicable regulations and laws, your actions and the actions of third parties.

You can opt-out of receiving marketing and promotional e-mails from Company by using the opt-out or unsubscribe feature contained in e-mails you receive from the Company. You can opt-out of receiving Company newsletters by using the opt-out or unsubscribe feature contained in e-mails you receive from the Company.

You can also close your online account from within the “My Profile” tab in Account Settings. If you close your account, we will no longer use your online account information or share it with third parties.

It is important to note that we may retain a copy of the information for archival purposes and to avoid identity theft or fraud.

You also have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work or place of alleged infringement, if you consider that the processing of your Personal Information infringes applicable law.

Security of Your Information

We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your Personal Information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that e-mails and other communications you send to us through our Site are not encrypted and we strongly advise you not to communicate any confidential information through these means.

Data Protection Laws Generally

Certain users of the Site (such as, without limitation, users in California, the European Union (“EU”) or the European Economic Area (“EEA”) may have additional Personal Information rights and choices based on where they live. For example, certain users may have the following rights with respect to their Personal Information:

  • The right to know what Personal Information the Company collects from you, why it is collected, and how it is shared.
  • The right to have access to your Personal Information in a portable format, to the extent technically feasible.
  • The right to have your Personal Information deleted by the Company and to be notified when such deletion has been completed, colloquially known as the “right to be forgotten.”
  • The right to have incomplete or inaccurate Personal Information rectified and to be notified upon rectification.
  • The right to withdraw your consent to the processing of your Personal Information.
  • The right to opt-in, opt-out and/or request information about the categories of Personal Information that are sold.
  • You may also have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work or place of alleged infringement, if you consider that the processing of your Personal Information infringes applicable law.

California Privacy Rights

Under California’s “Shine the Light” law, California residents who provide Personal Information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2020 will receive information regarding 2019 sharing activities).

To obtain this information, please send an email message to [[email protected]] with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

International Privacy Practices

The Site is operated and managed on servers located and operated within the United States, even if directed to residents in countries and jurisdictions outside of the United States. If you are using our Site out of the United States, your data and information is collected in the country in which you are located and is transferred to the United States or another country where our servers are located.

If you are a resident of the EU, the Company will process your Personal Information in compliance with the EU General Data Protection Regulation (“GDPR”). You are hereby notified that this Privacy Policy is the notice required under GDPR with an emphasis on information related to the data collected by the Company. The Company does not sell your Personal Information to third parties. If the Company in the future decides to sell your Personal Information to third parties, the Company will notify you for your opt-in to such sale, as required under GDPR. If you consent to any such a sale, we understand that you may opt out of such consent at any time, as permitted under GDPR.

The Company will comply with all applicable GDPR privacy rights. For information submitted using the Site, the Company is the “data controller,” as defined under GDPR. In accordance with GDPR, as a data subject you will be accorded with any applicable rights under GDPR. To learn more about your GDPR privacy rights, visit https://eugdpr.org/the-regulation/. Further, you can find a list of EU data protection authorities at: https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-are-data-protection-authorities-dpas_en.

Some countries that are not members of the EEA are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en). For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, including by ensuring that the recipient is bound by EU Standard Contractual Clauses, to protect your personal data. You can find a copy of these measures at: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en. A list of EU data protection authorities is available at: https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

If you are a resident of Canada, Canadian law may provide you with additional rights regarding our use of your Personal Information. To learn more about your Canada privacy rights, visit https://www.priv.gc.ca/en/.

Changes to Our Privacy Policy

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your consent in accordance with applicable law. We will post any changes to this Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.

You are advised to consult this Privacy Policy regularly for any changes. Your continued use of the Site after any such changes have been made constitutes acceptance of those changes, unless applicable law requires your affirmative consent, in which case, your affirmative consent will mean you accept and agree to the changes.

Questions and How to Contact Us

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, please, email us at [[email protected]], or contact us by US postal mail at the following address:

Infiniscene, Inc. d/b/a Lightstream
c/o Rainmaker
25 W Hubbard St., 5th floor
Chicago, IL 60654