Privacy Policy

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TAKE-TWO INTERACTIVE PRIVACY POLICY

Last updated on March 26, 2012

         

Take Two Interactive Software Inc./Rockstar Games Inc., its parent and its subsidiaries (collectively the “Company”), respects the privacy rights of our users and is committed to protecting the information collected through its online products, online services and websites (collectively the “Online Services”). We have adopted this privacy policy to explain how we collect, store, and use the information collected in connection with our Online Services (the “Privacy Policy”).

PLEASE READ THE FOLLOWING PRIVACY POLICY CAREFULLY. BY REGISTERING OR USING OUR ONLINE SERVICES, YOU AGREE THAT WE MAY TRANSFER AND STORE YOUR ACCOUNT INFORMATION IN THE USA, THAT WE MAY PROCESS YOUR DATA IN ACCORDANCE WITH THE FOLLOWING PRIVACY POLICY, THAT YOU AGREE TO BE BOUND BY OUR PRIVACY POLICY, AND THAT YOU WILL ABIDE BY OUR TERMS & CONDITIONS. THIS PRIVACY POLICY SUPPLEMENTS THE PRIVACY DISCLOSURES PROVIDED TO YOU WITH YOUR SOFTWARE PRODUCT AND/OR BY YOUR CONSOLE MANUFACTURER.

The Company is a licensee of the TRUSTe Privacy, Children’s Privacy. TRUSTe is an independent organization whose mission is to build users' trust and confidence in the Internet by promoting the use of fair information practices. Because we want to demonstrate our commitment to your privacy, we have agreed to have our privacy practices reviewed for compliance by TRUSTe.

This Privacy Policy will explain:

 

WHAT DOES THIS PRIVACY POLICY APPLY TO?
This Privacy Policy applies to the Company’s Online services including the TRUSTe certified Company websites that link to it. In addition, the Company may also own several other domain names that relate to its labels, feature its products, or point to the websites listed above, and we may from time to time add new sites. This privacy policy applies to TRUSTe certified Take-Two sites. To view a complete list of these certified Take-two sites, please click on the TRUSTe seal on this page.

The Company complies with the U.S. – E.U. Safe Harbor framework and the U.S. - Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. The Company  has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.  To learn more about the Safe Harbor program, and to view our  certification, please visit http://www.export.gov/safeharbor/.

Please note that this Privacy Policy applies only to information submitted and collected online through the Online Services, and does not apply to information that may be collected by the Company offline. In addition, this Privacy Policy does not apply to websites or services maintained by other companies or organizations and the Company cannot and does not guarantee the security of any personal information disclosed to those third-parties. In addition, please note that we may hire vendors (agents or contractors) to collect personal information on our behalf and in such cases such vendors will be instructed to comply with our Online Privacy Statement as set forth herein. These vendors may not use your personally identifiable information for their own marketing purposes.

We use third party service providers such as Credit Card Processors and Email Service Providers to provide payment and email fulfillment services on our site. When you purchase products from our websites or sign up to receive a newsletter, we will share your personally identifiable information as necessary for third parties to provide services on our behalf.

These third parties are prohibited from using your personally identifiable information for any other purpose including their own marketing purposes.

We reserve the right to make changes to this Privacy Policy. Please check back from time to time to ensure that you are aware of these changes. If we make a material change to this Privacy Policy, we will notify you here, by email, or by means of a notice on our home page. If necessary we will give you additional choices regarding such change in these notices. Your continued use of the Online Services will signify your acceptance of these changes.

You may choose to voluntarily provide us with various personal information and non-personal information through your use of the Online Services. We also may use “cookies” and other passive technologies including clear gifs to collect certain non-personal information from you in connection with your use of the Online Services, such as the pages you visit and the features you use.

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WHAT PERSONAL INFORMATION DOES THE COMPANY COLLECT?
Personal information is information that identifies you and that may be used to contact you online or offline. The Company collects personal information from you on a voluntary basis. When you submit personal information to the Company, it will usually take the form of:

Registration for websites, jobs, online services, products, contests and special events;

Subscribing to newsletters or alerts;

Posting in or commenting on our message boards, forums, news blogs, chat rooms or other online services;

Purchasing a product or services through our online stores;

Using “tell a friend,” “email this page,” or other E-Card features;

Requesting technical support;

Downloading demos, programs, or other software;

Participating in polls, surveys, and questionnaires; or

Otherwise through use of our software, mobile products, online products or online services where personal information is required for use and/or participation.

The types of information collected in connection with the activities listed above will vary depending on the activity. The information we collect may include personal information such as your first and/or last name, e-mail address, phone number, photo,mailing address, and for those purchasing a product/service online, credit card, job history and shipping information. In addition, we may collect demographic information such as your age or date of birth, favorite styles of gaming and the systems or software products you own or plan to buy. If demographic information is collected for an activity that also requires personal information, we may combine the demographic information with your personal information for record keeping purposes

On pages where you can send content to a third-party such as a “Tell-A-Friend” type feature; although we ask for a recipient's email address, we don't store this information, but rather delete it from our system after the message is sent. We collect this third-party information for the sole purpose of sending this one-time email. Prize winners may be required to provide additional information for prize fulfillment.

If you use, purchase or register for our Online Services through a third-party service such as a gaming console’s network service, an internet based gaming service, or a social network website, or request that we associate a Company account with a third-party service account, limited user account personal information may be transferred to the Company as part of the registration process and we may be able to collect information about your use of the Online Services.

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WHAT NON-PERSONAL INFORMATION DOES THE COMPANY COLLECT?
In connection with the use of its Online Services, the Company collects certain non-personal and demographic information. Non-personal information cannot be used to identify or contact you, such as zip code, gender, hardware configuration, console ID, scores, survey data, purchases, Internet Protocol address and other information.

When you play certain software products published by the Company, information about your gameplay may be collected and transmitted to the Company through a gaming consoles network services or any other internet connection method using the hardware on which you play such games (collectively and individually your “Internet Connection”). See “What Gameplay Information Does the Company Collect?” below for further details.

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WHAT GAMEPLAY INFORMATION DOES THE COMPANY COLLECT?
When using products or services on internet-capable hardware, the Company may receive information regarding your gameplay without any additional notice to you or actions taken by you. The Company will not receive personal information such as your name and address but may receive other information such as your PlayStation ID, Games for Windows LIVE or Xbox Live ID, game achievements, game scores and performance, Internet Protocol (IP) address, other console use information, or other information and statistics regarding your usage of the games. Information about gameplay may be collected while you are offline and transmitted to the Company when you next connect to the Internet whether or not you are currently logged into your Internet Connection from your console, handheld, computer, or other gaming platform. The Company may use such information as set forth in this Privacy Policy whether or not you register for or use the Online Services.

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SPECIAL NOTES ABOUT CERTAIN INFORMATION

Member Names / Gaming Console IDs / Gaming Network Services: Certain Online Services offered by the Company, including multiplayer gaming and specialized websites, use third party services to provide authentication for Online Services or associate a Company website account with a Gaming Console ID or Gaming Network Service account. When you use a third-party authentication service you will be asked to provide account information associated with that third party service. When you register to join an Online Service from a third-party gaming network system, certain membership information will be transferred automatically to the Company.

Public Information Including Message Boards, User Generated Content, Forums, News Blogs, Comments, User Profiles and Chat Rooms: Whenever you give out personal information in public areas such as on a message board, chat room, comment field or profile page, that information can be collected and used by other people. Information that you disclose in any of these forums is public information, and there is no expectation of privacy or confidentiality there. You should be aware that any personally identifiable information you submit in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages or identify you. If you post a video, image, photo or other content on one of our sites for public view you should be aware that these may be viewed, collected, copied and/or used by other users without your consent. We are not responsible for any public information or content you post on our sites.

E-mail Correspondence: We may provide e-mail addresses or forms to which visitors can send us questions or comments, or which visitors can use to request customer support. In the process of receiving and responding to such requests, we may collect personal information about you, such as your e-mail address or any other personal data contained in the body of your e-mail message. By allowing you to send us these requests, we are not attempting to solicit personal information from you. We only use the information for the purpose of responding to your questions and/or comments or to provide customer support. In most cases, your message is deleted immediately after we've resolved your inquiry; however, in some instances, copies of your requests may be kept on file for our records or for quality control purposes. If we have actual knowledge that the person with whom we're communicating is a child under the age of thirteen, we delete the child's e-mail address and message immediately after responding.

In addition to responding to your email correspondence and sending you information you have requested via our email lists, we send activation emails and other transactional emails to your e-mail address as necessary. You may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

Resumes: The Company allows for the online submission of resumes. Personal information collected from resumes will be used solely for the purpose of accepting and evaluating candidate submissions for job postings, and is therefore not governed by this Privacy Policy. Information obtained from resumes may be shared within the Company by parents, subsidiaries, or affiliates.

Investor Relations: The Company provides investor relations materials on its websites. Personal information collected on the investor relations' portion of the Take Two Interactive Software, Inc. website is used solely in a business capacity and is not governed by this Privacy Policy.

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WHAT HAPPENS IF I REFUSE TO PROVIDE MY PERSONAL INFORMATION?
Your refusal to submit personal information may limit your ability to participate in some activities, such as sweepstakes, online purchases, or use of certain Online Services. However, as described above, regardless of registration we may nonetheless publish gameplay boards that contain certain information as a result of your use of the products.

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DO YOUR WEBSITES USE COOKIES, TRACK IP ADDRESSES OR USE OTHER PASSIVE MEANS TO COLLECT INFORMATION?
The Company uses cookies, web beacons, and similar tracking devices on its websites to collect information that is not personally identifiable. If you choose to provide us with information, it may be linked to the data stored by these technologies.

Cookies: A “cookie” is a small bit of record-keeping information that websites often store on a user's computer. Our cookies do not include people's names, e-mail addresses, or other information that is personally identifiable; they are typically used to quickly identify a user's computer and to “remember” things about the user's visit (such as the user’s use of various features on the service). You can always disable cookies or set your browser to alert you when cookies are being sent to your computer; however, disabling cookies may affect your ability to use certain portions of the websites.

Flash Cookies: We also use flash cookies, also known as “shared objects,” on our sites that employ Flash technology. Flash cookies are small files similar to browser cookies and are used to remember the site's settings to personalize the look and feel of the site. Flash cookies only collect data in the aggregate. Like normal cookies, Flash cookies are represented as small files on your computer and are not tied to your personally identifiable information. One method of preventing Flash cookies from being placed is to adjust your preferences in the Macromedia Website Privacy Settings Panel at www.macromedia.com.

Web Beacons: A “web beacon” is an electronic image that allows websites to count users who have visited certain pages or viewed certain advertisements. Web beacons, like cookies, do not include personally identifiable information.

Internet Log Files: The Company may also keep track of your Internet Protocol (IP) and computer MAC addresses for various reasons. An IP address is a number that is used by a networked device and will identify your point of connection to the internet. Depending on your network configuration, it may also identify your computer. A computer MAC address identifies one specific piece of hardware. These log files are not tied to your personally identifiable information.

Analytic Metrics Tools and Other Technologies: Other information that may be passively collected by the Company includes log files that record information about your hardware, product use or website navigational activity. We also use these log file entries for our internal marketing and demographic studies, so we can constantly improve the online services we provide you.

Third-party Advertisers: The Company works with various third-party advertising agents that use cookies, web beacons and similar technologies to collect non-personal information. Please click on the links below to learn more about these vendors, their privacy policies, and the ability to opt out of their tracking programs. Please note that the inclusion of a vendor in the list below does not mean that the Company is currently using them as advertising agents or that it is currently conducting any campaigns that use such technologies. We do not have access or control of the third party tracking technologies.

Mediaplex [http://www.mediaplex.com/AdVault_Privacy_Statement.shtml]

Yahoo [http://info.yahoo.com/privacy/us/yahoo/details.html]

DoubleClick [http://www.doubleclick.com/us/about_doubleclick/privacy/]

Nielsen/Netratings [http://www.netratings.com/privacy.jsp?section=leg_scs]

Omniture [http://www.omniture.com/privacy/product]

ATLAS [http://www.mediaplex.com/AdVault_Privacy_Statement.shtml]

In addition to visiting the websites of each of the vendors listed above, you may opt-out of certain targeted advertising by multiple thirty party advertising networks at one time if they belong to the Network Advertising Initiative. Visit the Network Advertising Initiative’s website at http://www.networkadvertising.org/managing/opt_out.asp to select the applicable networks.

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WHO IS COLLECTING MY INFORMATION AND HOW WILL IT BE USED?
When you submit information to the Company via our Online Services, or information is automatically collected as described in this Privacy Policy, that information is received by the Company. The Company uses the submitted information to send you promotional materials, to provide you with access to our services, to fulfill product orders, fulfill “tell a friend” requests, and to respond to questions or technical problems. We also use your personal information for our internal marketing and demographic studies, so we can constantly improve the products and services we provide you and to better meet your needs.

Your participation in tournaments or other online game events is conditional upon our collection, use, storage, transmission and public display of statistical data (such as your scores, rankings and achievements) generated through your participation.

Users of certain Online Services, such as the Rockstar Games Social Club, may be automatically entered into contests as a result of their membership and/or use of certain services. Check www.rockstargames.com/socialclub/events frequently for details regarding contests.

Online gaming by its very nature is an open community where gameplay information including user name, game activity, and leaderboard rankings are publicly posted for other people to see. Therefore, the Company will post certain information automatically on the specialized game websites, such as your Screen Name or ID and gameplay statistics. However, we will not post information that we know directly and clearly identifies you (such as your real name or email address) unless you provide that information voluntarily for such use. As with other gameplay information services, gameplay and leaderboards generated by our specialized game websites may appear nested in our games or third-party webpages via frames or widgets.

We may match and/or combine information collected by various Online Services and display it publicly, including on our websites or in game lobbies. For example, if you associate your Company website account with a game console account, your in-game achievements may be displayed combining your website account name with your in-game achievements.

From time to time, the Company may employ vendors to perform services on the Company's behalf. These vendors provide internal support to the Company by operating some of the services we provide you such as shipping, credit card processing, and email services. Although these vendors, not the Company, may collect, use or maintain the information in connection with the Online Services, the Company still requires that they adhere to the Company's stated privacy policies and that they not share your personal information with third-parties or use the information for their own marketing purposes.

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WITH WHOM DOES THE COMPANY SHARE MY PERSONAL INFORMATION?
The Company may also share your personal information with third-parties as described in this Privacy Policy. The Company may share your personal information to fulfill a request you have made, such as a product purchase from the Company store or a providing you with a special ringtone. In the event we offer services or promotions where your personal information is separately collected and used according to the privacy policy of a third-party, we will inform you of that at the time of collection and you may elect not to participate in the service or promotion. In addition, we may share aggregate information (not personal information) regarding site usage statistics and user demographics with third-parties, but this information will not include personally identifiable information.

We may share your personal information with third-parties, including as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or us to legal liability. We also may share your personal information with third-parties when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, or when we believe that disclosure is necessary to protect our rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on the Company. In addition, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event involving all or a portion of the Company, the Company's customer information may be transferred to our successor or assign.

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HOW YOU CAN CONTROL THE COLLECTION, USE, AND/OR DISPLAY OF DATA OR REVIEW YOUR DATA
If you do not want the Company to send you communications such as newsletters or promotional offers, you may opt-out from receiving these communications at the time your personal information is collected or later by using the methods listed below. In addition to the methods below, along with every communication sent to you, the Company gives you the opportunity to discontinue receiving future communications.

If for any reason you wish to unsubscribe from 2K mailing lists, please visit the 2K webpage located at http://www.2kgames.com/subscriptions/enter where you can unsubscribe from our mailing lists.

If for any reason you wish to delete your 2K account information, please send an email with “delete account” in the subject line to the appropriate email address below:
2K Games Forums: unsubscribe-2kforums@2kgames.com
2K Sports Website: unsubscribe-2ksports@2ksports.com
2K Sports forums: unsubscribe-2ksportsforums@2ksports.com
All 2K: unsubscribe-2k@2kgames.com (subject “delete all accounts”)

If for any reason you wish to unsubscribe to Rockstar Games mailing lists please log in to manage your account or use the unsubscribe links at the bottom of any Rockstar Games email message. To delete your Rockstar Games account, please send an email to deleteaccount@RockstarGames.com.

If you do not want your gameplay information to publicly appear via the Rockstar Games Social Club, then you should visit www.rockstargames.com/socialclub/privacy/opt and follow the instructions to opt out of our gameplay information services. Please note that, even if you opt-out of participation in the Social Club, your gameplay information may still appear on other gameplay boards including those hosted by third parties (including copies of those boards hosted on the Social Club) and the Company will continue to collect and store information regarding your usage of its games for internal purposes.

In addition to these methods, if you wish to view or correct the personal information collected about you, you may also send an email to privacypolicy@take2games.com, or write to us at Take Two Interactive, Attn: Internet Privacy Policy Administrator, 622 Broadway, New York, New York 10012. We will review, update or remove information as appropriate.

Even if information is changed or deleted, we may still retain some of your information in our files, to resolve disputes, enforce our user agreement, and comply with technical and legal requirements and constraints related to the security, integrity and operation of our websites.

In all cases for all websites, we will respond to your request for access to update, delete, or correct inaccuracies to your personally identifiable information within 30 Days.

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WHAT IS YOUR POLICY REGARDING LINKS TO OTHER SITES?
You should be aware that while you are on our websites you could be directed to other sites that are beyond our control. The fact that we link to a website is not an endorsement, authorization, or representation of our affiliation with that third-party. Because we cannot guarantee that the privacy policies of these websites meet our high standards, we recommend reading the privacy policy of the website you link to before you submit any of your personal information.

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DO YOU COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER 13?
The Company does not knowingly collect personal information from children under 13 years old. If we find out we have collected any personally identifiable information from anyone under the age of 13 we will delete this information immediately. We encourage parents to instruct their children to never give out their real names, addresses or phone numbers, without permission, when using the Internet.

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WHAT SAFEGUARDS ARE USED TO PROTECT MY PERSONAL INFORMATION?
To protect your personal information, the Company follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity and privacy of the information you have provided. The Company has security measures in place designed to protect against the loss, misuse and alteration of the information under our control. Personal information collected by the Company is stored in secure operating environments that are not available to the public (e.g., locked rooms). To prevent unauthorized electronic access to personal information, the Company maintains information collected online behind a firewall-protected server and uses SSL encryption for purchases made through our online store. However, no system can be 100% secure and there is the possibility that despite our reasonable efforts, there could be unauthorized access to your information. By using our services, you assume this risk.

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Your California Privacy Rights
Since 2005, California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third-parties for their direct marketing purposes. For inquires regarding our disclosure policy, please write to:

Take Two Interactive
Attn: Internet Privacy Policy Administrator
622 Broadway
New York, New York 10012
privacypolicy@take2games.com

STORING AND/OR EXPORTING DATA TO THE UNITED STATES
All data collected or received by the Company in connection with the Online Services are collected in or exported to the United States of America and stored on servers located in the United States. By using our services, you expressly consent to us exporting such data to, and storing such data in, the United States. The laws of the United States shall govern the use of such data and not the laws where you may be located. Backup data and similar administrative data may also be stored on media or servers located outside the United States.

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OTHER TERMS
Use of our services and products may be subject to other terms, conditions and disclosures prescribed by the Company, console manufacturers and/or other partners, including: (i) the Limited Software Warranty; License Agreement and Privacy Disclosure that accompanied the purchase of the game, (ii) terms and conditions of our Online Services, (iii) other terms and disclosures which are made available to you by the Company, and (iv) the terms, conditions, and disclosures made available to you by third parties in connection with the use of their gaming consoles and/or online services. All such terms, conditions and disclosures are incorporated by reference into this Online Privacy Statement.

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HOW DO I ASK A QUESTION OR FILE A COMPLAINT?
Any questions or complaints about this Privacy Policy can be filed by contacting our Privacy Policy Administrator at 646-536-2842; via email at privacypolicy@take2games.com; or, by regular mail at Take Two Interactive, Attn: Internet Privacy Policy Administrator, 622 Broadway, New York, New York 10012.

If your inquiry is not satisfactorily addressed, you should contact TRUSTe at.http://watchdog.truste.com/pvr.php?page=complaint&url=. TRUSTe will then serve as a liaison with us to resolve your concerns. Please note that the TRUSTe program only covers information that is collected through our websites, and does not cover information that may be collected through any other online services or products, including software downloaded from our websites.

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