Privacy Policy

Revised: February, 20 2023

OUR PRIVACY COMMITMENT

Atari, Inc., and its subsidiaries and affiliates, including mobygames.com (collectively, “Atari” or “we”) respect the privacy rights of our online visitors and recognize the importance of protecting all information that you may choose to share with us. To further this commitment, we have adopted this Online Privacy Policy (“Privacy Policy”) to guide how we collect, store, and use the information you provide us.

This Privacy Policy (together with our Terms of Use, of which this Privacy Policy is a part, and any other documents referred to therein) sets out the basis on which any information (which may include personal information) we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand how we will treat your information before you provide us with any information about you.

BY VISITING atari.com, or any affiliated website, (collectively, the “WEBSITE”) OR MAKING A PURCHASE FROM US, YOU ARE ACCEPTING AND CONSENTING TO THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY (INCLUDING AS UPDATED OR AMENDED FROM TIME TO TIME). IF, FOR ANY REASON, YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, PLEASE STOP USING THE WEBSITE IMMEDIATELY.

This Privacy Policy is incorporated into and is subject to the Terms of Use.

The Information We Collect

Customer-provided Information: You may provide to us what is generally called “personally identifiable” information (including, but not limited to your full name, email address, PayPal account, home/mobile telephone number, bank account and/or credit card number, and billing and shipping information) if you purchase something from us.

“Cookies” Information: When you use the Website, we may send one or more cookies, small text files containing a string of alphanumeric characters, to your computer. We may use both session cookies and persistent cookies. A session cookie disappears after you close your web browser. A persistent cookie remains after you close your web browser and may be used by your web browser on subsequent visits to the Website. Persistent cookies can be removed. Please review your web browser’s “Help” file to learn the proper way to modify your cookie settings.

“Automatically Collected” Information: When you use the Website or open one of our HTML emails, we may automatically record certain information from your system by using different types of tracking technology. This “automatically collected” information may include but is not limited to Internet Protocol address (“IP Address”), geo-location data, a unique user ID, version of software installed, system type, the content and pages that you access on the Website, and the dates and times that you visited the Website.

Information Collected by Third Parties: We may receive personal information about you from third parties if you have agreed to share this personal information with us.

The Way We Use Information

We use the information that you provide or that we collect to perform under the respective Terms of Use, to operate, maintain, enhance, and provide all of the features found on the Website as well as to track user- generated content and Customers to the extent necessary to comply with the Digital Millennium Copyright Act.

We will use your information relating to any purchase made on the Website, including, without limitation: (a) to process, verify, or deliver your order, process or obtain payment, verify your tax or tax exempt status, contest chargebacks, or notify you of the status of your order; (b) for anti-fraud and anti-piracy purposes; (c) to provide you with a customized shopping experience, as permitted by law; (d) to provide notice of your purchase to our third party partner for delivery purposes; and (e) to provide you with customer service and technical support, as permitted by law.

We may use your email address, without further consent, for administrative communications such as notifying you of major Website updates, for customer service purposes, to address copyright infringement or defamation issues, for email advertisement and other marketing activities, or to contact you regarding any content that you have posted or any product you have purchased from us.

We use all of the information that we collect to understand the usage trends and preferences of our Customers, to improve the way the Website works and looks, and to create new features and functionality.

We may use “Automatically Collected” information and “Cookies” to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you access the Website; (b) monitor aggregate Website usage metrics such as total number of visitors and pages accessed; and (c) track your entries, submissions, and status in any promotions or other activities.

We may allow third party service providers to use cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of any products offered by us. We may use third party retargeting services which track users across websites. We do not provide these services with any personal information but may provide these services with access to your geo-location data (based on IP address). You may opt-out of such retargeting services by contacting us at [email protected].

We will use collected information in order to identify your location, domicile and the place of purchase for tax purposes or compliance with applicable laws, regulations, and rules.

When We Disclose Information

We may disclose Automatically Collected and other aggregate non-personally-identifiable information with interested third parties to assist such parties in understanding the usage and demographic patterns for certain products, services, advertisements, promotions, or other features of the Website.

We may disclose some limited information about you to affiliated companies or other businesses or persons to: provide website hosting, maintenance, and security services; fulfill orders; conduct data analysis and create reports; offer certain functionality; and create new features. We require that these parties process such information in compliance with this Privacy Policy, we authorize only a limited use of such information, and we require these parties to use reasonable confidentiality measures.

We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws or to respond to a court order, judicial or other government subpoena, or warrant in the manner required by the requesting entity. We disclose information to tax authorities in order to comply with applicable tax laws.

We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect us from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Website; to protect the rights, property, or personal safety of Atari, our users, suppliers or others; or to prevent or investigate a possible crime. Also, to the extent permitted by law, we may review our server logs for security concerns and may disclose these logs to the appropriate authorities who may use this information. Also, to the extent permitted by law, we reserve the right to report to law enforcement or governmental authorities any activities that we, in good faith, believe are in violation of applicable rules and regulations without prior notice.

We may provide postal addresses to the U.S. Post Office or to our third party partner for delivery purposes.

Authorized Third party providers

We may share some or all of the categories of your personal information, as identified above, with third-party service providers that provide services to us for a variety of business purposes, such as payment processing, customer service, email deployment, advertising and marketing (including counting ad impressions, verifying positioning and quality of ad impressions, ensuring compliance with industry standards and specifications, ad delivery, reporting, personalization, audience segmentation, and analytics), security and performance monitoring, maintaining or servicing accounts, processing or fulfilling orders and transactions, information hosting, auditing, and information processing. You hereby expressly agree that we may collect and process such information in and outside of the United States as well as to transmit such information for processing overseas.

Your Choices

You may decline to share your personally identifiable information with us, in which case we will not be able to provide to you some features and functionality.

You may review and opt out of receiving personalized ads and sharing your information with third parties for direct marketing purposes at any time at [email protected].

You may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at [email protected].

Data Security

We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Once we receive your transmission of information, we make commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may send you a notice if a security breach occurs.

For details about the precise data points we collect and the categories of sources where we got that information, please see “The Information We Collect” above. We collect personal information for the business and commercial purposes described in “The Way We Use Information” above.

Atari does not sell the personal information we collect. We do, however, disclose personal information as described in this policy (see “When We Disclose Information” above). In the past 12 months, we have disclosed personal information to the following categories of recipients:

Business partners (for example, if you request that we share your email address with the game seller you purchased an Atari game from such as Steam);

Other Atari products include MobyGames, Atari XP, Atari VCS, Atari SA, Atari Inc., Atari Interactive U.S. Holdings, Inc. etc.

Service providers (as described in “How Do We Share Information?” above); and

Operating systems and platforms.

Links To Other Sites

Our Website may contain links to other sites that are not operated by us, including advertisements provided by our ad providers. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

If you are under 13 years of age, then please do not use or access the Website at any time or in any manner. Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or maintain personally identifiable information from persons under 13 years-of-age. If we learn that personally-identifiable information of persons less than 13-years-of-age has been collected on or through the Website, then we will take the appropriate steps to delete this information. If you are the parent or legal guardian of a child under 13 who has provided us with personally identifiable information, then please contact us at to have that information deleted.

State-based Privacy Laws

As of the date of this Privacy Policy six states—California, Colorado, Connecticut, Nevada, Utah and Virginia—have enacted comprehensive consumer data privacy laws. The laws have several provisions in common, such as the right to access and delete personal information and to opt-out of the sale of personal information, among others. The following is a brief synopsis of those laws. If you are a resident of any of these states you should familiarize yourself with the law that applies to your situation, and access it in the event you have any questions not answered below.

Your California Privacy Rights

The California Consumer Privacy Act or “CCPA” (California Civil Code Section 1798.83) permits users of the Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at [email protected].

The CCPA provides consumers residing in California certain rights with respect to their personal information. If you are a California resident, you may have the right to: (1) request to know more about the categories and specific pieces of personal information we collect, use, and disclose; (2) request deletion of your personal information; (3) opt out of sale of your personal information (if any); and (4) not be discriminated against for exercising these rights.

You or your authorized agent may make these requests by contacting us as described in “Contact Us” below. Note that we may ask you for additional information to help us verify who you are before completing your request. If we receive your request from an authorized agent, we may ask for evidence that you gave that person authority to submit requests to exercise rights on your behalf. We will not discriminate against you if you exercise your rights under the CCPA.

In the past 12 months, we have collected the following categories of personal information, as described in the CCPA:

Identifiers (such as email addresses); Demographic information (like ages); Commercial information (including entitlements or purchase history); Internet or electronic network activity (for example, gameplay or website usage details); Audio, electronic, visual, or similar information (like voice chat); Geolocation information (such as may be derived from your IP address or included in your billing information); Other “personal information” as defined under California law (like your credit or debit card information); and Inferences drawn from any of these categories (for example, about the genres of games you may prefer to play based on your purchase history).

Your Colorado privacy rights

On July 7, 2021, Colorado passed the Colorado Privacy Act (CPA). The CPA will go into effect on July 1, 2023. The law sets forth consumers’ data protection rights, including the right to access their personal data; the right to correct inaccuracies in their data; the right to request deletion of their data; the right to obtain a copy of their data; and the right to opt out of the processing of their personal data for the purposes of targeted advertising, the sale of their data or profiling.

Your Connecticut privacy rights

On May 10, 2022, Connecticut became the fifth US state to sign into law comprehensive consumer privacy legislation. Most provisions of the Connecticut Data Privacy Act (CTDPA) will go into effect on July 1, 2023, along with the Colorado Privacy Act (CPA) on the same day.

Your Nevada privacy rights

If you are a Nevada resident you may be able to exercise additional rights to opt out of future sales of certain covered information that a website operator has collected or will collect about you. If you are a Nevada resident, you may exercise this right by submitting a request through our Personal Data Request Portal or using the Contact Us channels below. Please note we may take reasonable steps to verify your identity and the authenticity of the request.

Your Utah privacy rights

On March 24, 2022, the Utah Consumer Privacy Act (“UCPA”) was enacted making Utah the fourth State to enact comprehensive privacy legislation. The UCPA establishes consumers' rights around access, deletion, portability, and provides for the right to opt-out of targeted advertising and sale of personal data. The UCPA will become effective Dec. 21, 2023. Consumers may request to access the personal data that a controller processes about them,

delete personal data that the consumer provided to the controller, obtain a copy of the personal data, in a "portable" format, that the consumer provided to the controller, and opt out of the "sale" of personal data (defined as disclosure by a controller to a third party for monetary consideration) or processing of personal data for targeted advertising.

Your Virginia privacy rights

On March 2, 2021, Virginia’s legislature passed the Consumer Data Protection Act (CDPA, the Act), which goes into effect on January 1, 2023. The CDPA recognizes certain data protection rights over consumers’ personal information, including the right to access their data, correct inaccuracies in their data, request deletion of their data, receive a copy of their data, and opt out of the processing of their personal data for purposes of targeted advertising, the sale of their data or profiling.

Your Other Privacy Rights

You have the right, where provided under applicable law, to ask us not to process your personal information for direct marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your information or clicking “unsubscribe” on the emails you receive. You can also exercise the right at any time by contacting us at [email protected]. We will retain your personal information for as long as needed to provide you with any products and services which you request. We will retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Changes and Updates to this Privacy Policy

We may occasionally change the terms of this Privacy Policy, so we encourage you to review the Privacy Policy periodically. You can view the Privacy Policy at any time at . If you don’t agree to the amendments or to any of the terms in this Privacy Policy, your only remedy is to stop using the Website and restrain from making any purchases from us. We will not have any obligation to refund any funds in such cases.

Contact Information

Please contact us with any questions or comments about this Privacy Policy, your personal information, and our third-party disclosure practices or your consent choices at [email protected].