Privacy Policy

Smerf (“we,” “our,” and/or “us”) values the privacy of individuals who use our application,
website, and related services (collectively, our “Services”). This privacy policy (the “Privacy
Policy”) explains how we collect, use, and share information from users of our Services
(“Users”) to improve their gaming experience. By using our Services, you agree to the
collection, use, disclosure, and procedures this Privacy Policy describes. Beyond the Privacy
Policy, your use of our Services is also subject to our End User License Agreement and Terms
of Service.

Information We Collect

We may collect a variety of information from or about you or your devices from various
sources, as described below.

If you do not provide your information when requested, you may not be able to use our Services if that information is necessary to provide you with our Services or if we are legally required to collect it.

A. Information You Provide to Us.

Registration and Profile Information. When you sign up for an account we ask you for your
name, email address, and phone number. If you sign up using an existing in-game account we
will also receive information from that game, such as your name, in-game username, profile
picture, in-game ID, and email address. If you sign up using an existing Google or Apple
account, we will also receive information from Google or Apple, such as your name, email
address, and profile picture.

Communications. If you contact us directly, we may receive additional information about you.
For example, when you contact our Customer Support Team, we will receive your name,
email address, Smerf username (“Smerf ID”), the contents of a message or attachments that
you may send to us, and other information you choose to provide. When we send you emails,
we may track whether you open them to learn how to deliver a better customer experience
and improve our Services.

Careers. If you decide that you wish to apply for a job with us, you may submit your contact
information and your resume online. We will collect the information you choose to provide
on your resume, such as your education and employment experience. You may also apply
through LinkedIn. If you do so, we will collect the information you make available to us on
LinkedIn.

Content Sharing. If you upload video clips, photos, or other content within our application we
automatically store them.

B. Information We Collect When You Use Our Services.

Location Information. When you use our Services, we receive your precise location
information. We may also collect the precise location of your device when the app is running
in the foreground or background. We use your location information for in-game
matchmaking, to recommend nearby events, and for your participation in live events. We also
infer your general location information, for example by using your internet protocol (IP)
address.

Device Information. We receive information about the device and software you use to access
our Services, including IP address, web browser type, operating system version, phone carrier
and manufacturer, application installations, device identifiers, mobile advertising identifiers,
and push notification tokens. When playing one of our partnered video games we may also
identify what device you are playing on.

Usage Information. To help us understand how you use our Services and to help us improve
them, we automatically receive information about your interactions with our Services, like
the pages or other content you view, the searches you conduct, people you follow, purchases
you make, your comments, any content you post, and the dates and times of your visits.

Information from Cookies and Similar Technologies. We and our third-party partners collect
information using cookies, pixel tags, or similar technologies. Our third-party partners, such as
analytics and advertising partners, may use these technologies to collect information about
your online activities over time and across different services. Cookies are small text files
containing a string of alphanumeric characters. We may use both session cookies and
persistent cookies. A session cookie disappears after you close your browser. A persistent
cookie remains after you close your browser and may be used by your browser on
subsequent visits to our Services.

Please review your web browser’s “Help” file to learn the proper way to modify your cookie
settings. Please note that if you delete or choose not to accept cookies from the Service, you
may not be able to utilize the features of the Service to their fullest potential.

C. Information We Receive from Third Parties.

Information from third-party services. If you choose to link our Services to a third-party account, such as one of our partnered games, we may receive information about you,
including your gamer tags, account IDs, authentication tokens, region information, raw match
and game data, game status, in-game account information, such as in-game items owned by
you, game achievements, and user reports. If you wish to limit the information available to
us, you should visit the privacy settings of your third-party accounts to learn about your
options.

How We Use the Information We Collect

We use the information we collect:

  ● To provide, maintain, improve, and enhance our Services;
   ● To personalize your experience on our Services such as by providing tailored content
        and recommendations;
   ● To understand and analyze how you use our Services and develop new products,
      services, features, and functionality;
   ● To communicate with you, provide you with updates and other information relating to
      our Services, provide information that you request, respond to comments and
       questions, and otherwise provide customer support;
   ● To update your status on your social networks, to send messages on your behalf to
       your social networks, and to provide other features and services to you;
   ● To facilitate the connection of third-party services or applications, such as our
      partnered games, Twitch, Steam, Discord or other publisher or non-publisher
      partnered platforms, etc.];
   ● For marketing and advertising purposes, such as developing and providing
      promotional and advertising materials that may be relevant, valuable or otherwise of
      interest to you;
   ● To generate anonymized, aggregate data containing only de-identified, non-personal
      information that we may use to publish reports;
   ● To send you push notifications;
   ● To find and prevent fraud, and respond to trust and safety issues that may arise;
   ● For compliance purposes, including enforcing our TOS, EULA, or other legal rights, or
      as may be required by applicable laws and regulations or requested by any judicial
      process or governmental agency; and
   ● For other purposes for which we provide specific notice at the time the information is
      collected.

How We Share the Information We Collect

Affiliates. We may share any information we receive with our affiliates for any of the
purposes described in this Privacy Policy.

Vendors and Service Providers. We may share any information we receive with vendors and
service providers retained in connection with the provision of our Services.

User Content. Our application is a social service in which you can find, enjoy, and share
content. Your Smerf ID, profile picture, profile bio, and verification badge (if applicable) will
always be viewable and searchable by other users. The content you post to the application
will be displayed on the application and viewable by other users by default. Although this
content is public by default, below in the “Your Preferences” section of this Privacy Policy, we
describe the controls that you can use, along with other relevant settings associated with
your account, to limit the sharing of certain information. We are not responsible for the other
users’ use of available information, so you should carefully consider whether and what to
post or how you identify yourself on the Services.

Third-Party App Integrations. If you connect a third-party application to our Services, we may
share information such as your Smerf ID, friends list, community membership, user reports,
and live event data with that third party.

Social Networks and Other Online Services. Our Services allows you to, upon your direction,
share information with social networking services, such as Twitch, Instagram, etc. You
understand and agree that the use of your information by any social networking websites will
be governed by the privacy policies of these third-party platforms and your settings on that
platform. We encourage you to review their privacy policies.

Analytics Partners. We use analytics services such as Google Analytics to collect and process
certain analytics data. You can learn more about Google’s practices by visiting
https://www.google.com/policies/privacy/partners/. To help us understand how you use our
Services and to help us improve them, we automatically receive information about your
interactions with our Services, like the pages or other content you view, the searches you
conduct, people you follow, purchases you make, your comments, any content you post, and
the dates and times of your visits. We also use Google Analytics for Firebase, and have
implemented the following features: firestore database, realtime database, crashlytics,
analytics, remote config, dynamic links. If you would like to opt-out of the Firebase features
we use, you can opt-out by sending an opt-out request to privacy@smerf.com.

As Required By Law and Similar Disclosures. We may access, preserve, and disclose your information if we believe doing so is required or appropriate to: (a) comply with law
enforcement requests and legal process, such as a court order or subpoena; (b) respond to
your requests; or (c) protect your, our, or others’ rights, property, or safety. For the
avoidance of doubt, the disclosure of your information may occur if you post any objectionable content on or through the Services.

Merger, Sale, or Other Asset Transfers. We may transfer your information to service
providers, advisors, potential transactional partners, or other third parties in connection with
the consideration, negotiation, or completion of a corporate transaction in which we are
acquired by or merged with another company or we sell, liquidate, or transfer all or a portion
of our assets. The use of your information following any of these events will be governed by
the provisions of this Privacy Policy in effect at the time the applicable information was
collected.

Consent. We may also disclose your information with your permission.

Your Choices

Sharing Preferences.
   ● We provide you with settings to allow you to set your sharing preferences for content
      you post to Smerf, available in your profile settings.
   ● All verified accounts are public by default. Verified users can make their account
      private from the profile settings.
   ● We provide you with settings to allow you to set your sharing preferences for each
      post individually using the 3 dot menu above each media post.

Location Information. You can prevent your device from sharing precise location information
at any time through your device’s operating system settings. However, location is core to our
Services and without it, you may not be able to successfully use our Services.

Marketing Communications. You can unsubscribe from our promotional emails via the link
provided in the emails. Even if you opt out of receiving promotional messages from us, you
will continue to receive administrative messages from us.
      
Do Not Track. There is no accepted standard on how to respond to Do Not Track signals, and
we do not respond to such signals.

If you choose not to provide us with information we collect, some features of our Services
may not work as intended.

Third Parties

Our Services may contain links to other websites, products, or services that we do not own or
operate. We are not responsible for the privacy practices of these third parties. Please be
aware that this Privacy Policy does not apply to your activities on these third-party services or
any information you disclose to these third parties. We encourage you to read their privacy
policies before providing any information to them.

Security

We make reasonable efforts to protect your information by using physical and electronic
safeguards designed to improve the security of the information we maintain. However, as no
electronic transmission or storage of information can be entirely secure, we can make no
guarantees as to the security or privacy of your information.

Children’s Privacy

We do not knowingly collect, maintain, or use personal information from children under 13
years of age, and no part of our Services is directed to children. If you learn that a child has
provided us with personal information in violation of this Privacy Policy, then you may alert us
at privacy@smerf.com.

International Visitors

Our Services are hosted in the United States and intended for visitors located within the
United States. If you choose to use the Services from the European Union or other regions of
the world with laws governing data collection and use that may differ from U.S. law, then
please note that you are transferring your personal information outside of those regions to
the United States for storage and processing. Also, we may transfer your data from the U.S.
to other countries or regions in connection with storage and processing of data, fulfilling your
requests, and operating the Services. By providing any information, including personal
information, on or to the Services, you consent to such transfer, storage, and processing.

Update Your Information

You can update your account and profile information or close your account through your
profile settings.

Changes to this Privacy Policy

We will post any adjustments to the Privacy Policy on this page, and the revised version will
be effective when it is posted. If we materially change the ways in which we use or share
personal information previously collected from you through the Services, we will notify you
through the Services, by email, or other communication.

Contact Information

If you have any questions, comments, or concerns about our processing activities, please
email us at privacy@smerf.com.
Last Updated: December 20, 2021