Privacy Policy

Last Updated: January 7, 2014

Protecting your privacy is really important to us. Really. That’s why we’re providing this Privacy Policy to explain our practices regarding the collection, use and disclosure of information that we receive when you use the Marketplace (as defined in our Discover Marketplace Terms of Use, accessible at http://www.ouya.tv/marketplace-terms-of-use). This Privacy Policy applies only to the Marketplace and doesn’t apply to the Games and Apps you can download on the Marketplace. To keep things straightforward all capitalized words have the same meaning as in our Discover Marketplace Terms of Use, unless we provide a definition in this Privacy Policy.

1. How do we collect and use information?
Our primary goals in collecting information are to provide and improve our Marketplace, to administer your use of the Marketplace (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Marketplace.

  • Account Information. When you create an Account we’ll collect certain information that can be used to identify you, such as your name, email address, postal address and phone number (“Personally Identifiable Information” or “PII”). We may also collect certain information that is not PII because on its own it cannot be used by itself to identify you, such as your gender and zip code.
  • Information Collected Using Cookies. We collect certain information through the use of “cookies,” which are small text files that are saved when you access our Marketplace. We may use both session cookies and persistent cookies to identify that you’ve logged in to the Marketplace and to tell us how and when you interact with it. We may also use cookies to monitor aggregate usage and web traffic routing on our Marketplace and to customize and improve our Marketplace. Unlike persistent cookies, session cookies are deleted when you log off from the Marketplace and shut down your OUYA console. Some third-party services providers that we engage may also utilize their own cookies. Note that this Privacy Policy covers only our use of cookies and does not include use of cookies by such third parties.
  • Information Related to Use of the Marketplace. Our servers automatically record certain information about how a gamer uses our Marketplace (we refer to this information as “Log Data”). Log Data may include information such as a your Internet Protocol (IP) address, the Games and Apps you were viewing in the Marketplace, the aspects or features of our Marketplace you browsed and how much time you spent, search terms, the links on our Marketplace that you clicked on and other statistics. We use this information to administer the Marketplace and we analyze (and may engage third parties to analyze) this information to improve and enhance the Marketplace by expanding our features and functionality and tailoring them to your needs and preferences. We may use a gamer’s IP address to fight spam, fraud, malware and identity theft. We may also use the IP Address to generate aggregate, non-identifying information about how our Marketplace are used.
  • Location Information. In some cases we collect and store information about where you are located, such as by converting your IP address into a rough geolocation. We may use location information to improve and personalize our Marketplace or other services for you.
  • Marketing and Promotional Communications. We may use your information to market to you and provide you with information about our products and services and other offerings that may be of interest to you including our partners offerings. If you decide at any time that you no longer wish to receive such information or communications from us, please follow the unsubscribe instructions provided at https://gamers.ouya.tv/gamers/edit. Regardless of your choices with respect to receiving marketing and promotional communications from us, we may send you administrative messages, service announcements, and other similar communications without offering you the opportunity to unsubscribe in order to improve and administer your use of the Marketplace.

2. What Information Do We Share With Third Parties?
We will not share any PII that we have collected from you except as described below:

  • Information Shared with Our Marketplace Providers. We may engage third party service providers to work with us to administer and provide the Marketplace. These third-party services providers have access to your PII only for the purpose of performing services on our behalf.
  • Information Shared with Third Parties. We may share aggregated information and non-identifying information with third parties for industry analysis, demographic profiling and other similar purposes.
  • Information Disclosed in Connection with Business Transactions. Information that we collect from our gamers, including PII, is considered to be a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your PII may be disclosed or transferred to the third-party acquirer in connection with the transaction.
  • Information Disclosed for Our Protection and the Protection of Others. It is our policy to protect you from having your privacy violated through abuse of the legal systems, whether by individuals, entities or government, and to contest claims that we believe to be invalid under applicable law. However, it is also our policy to cooperate with government and law enforcement officials and private parties. Accordingly, we reserve the right to disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary: (i) to satisfy or comply with any applicable law, regulation or legal process or to respond to lawful requests, including subpoenas, warrants or court orders; (ii) to protect our property, rights and safety and the rights, property and safety of third parties or the public in general; and (iii) to prevent or stop activity we consider to be illegal or unethical.
  • Information We Disclose With Your Consent or at Your Request. We will not share your PII with third-party sites or platforms, such as social networking sites, unless you have expressly requested that we do so.

3. The Security of Your Information
We take reasonable measures to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.

4. Links to Other Sites
Our Marketplace may contain links to other websites and services. Any information that you provide on or to a third-party website or service is provided directly to the owner of the website or service and is subject to their privacy policy. Our Privacy Policy does not apply to such websites or services and we’re not responsible for the content, privacy or security practices and policies of those websites or services. To protect your information we recommend that you carefully review the privacy policies of other websites and services that you access.

5. Modifying Your Information
You can access and modify the PII associated with your Account by making changes to your Account. If you want us to delete your PII and your Account, please contact us at [email protected] with your request. We’ll take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law.

6. International Transfer
Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States and process it there. Your consent to this Privacy Policy followed by your submission of any PII represents your agreement to that transfer.

7. Our Policy Toward Children
Our Marketplace is not directed to children under 13 and we do not knowingly collect PII from children under 13. If we learn that we have collected PII of a child under 13 we will take steps to delete such information from our files as soon as possible.

8. Changes to Privacy Policy
Any information that we collect is subject to the privacy policy in effect at the time such information is collected. We may, however, modify and revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we’ll notify you of such changes by posting the revised privacy policy including such changes on the Marketplace or by sending you an email or other notification. Continued use of the Marketplace following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of the revised privacy policy.

9. Questions?
Please contact us at [email protected] if you have any questions about our Privacy Policy.