1.1.   About Us. We are Homecoming Servers LLC (incorporated and registered in the state of Delaware with filing number 7407345) of 2349 US Hwy 70 SE, STE 267, Hickory, North Carolina, USA as well as our affiliated group of companies (collectively “Homecoming”).

1.2.   Which services does this Privacy Policy apply to? Our servers which run City of Heroes™, our websites, user accounts, customer and technical support, forums, wikis, blogs, social media services and other products and services - “City of Heroes Services” for short.

1.3.   What information does this Privacy Policy apply to? Specifically, this Privacy Policy governs personal data (or, in the USA, personally identifiable information) and applicable non-personal information (or, in the USA, non-personally identifiable information), which we collect from you when you are using the City of Heroes Services ("personal data" means information which, on its own or in combination with other information, can be used to identify a particular consumer or device).

Disclosure to California Residents: In our efforts to comply with applicable regulation, we ask and advise that California residents review the “CCPA Disclosure” at the end of this document. Although we do not sell personal data for any commercial purposes and only disclose your data to our licensors for the reasons outlined in the CCPA Disclosure below, we will provide notice if at any time those circumstances change.

1.4.   What about children? We recognize we have a special obligation to protect personal information obtained from children. The City of Heroes Services are intended for a general audience and are not intended for children under the age of 13. Legally you must be at least 13 years old to use the City of Heroes Services (but this might be older depending on whether or not a particular City of Heroes Service has a required minimum age rating or if the country you live in has a higher age threshold) as per our Terms of Service. We do not knowingly collect personal information from any child under the age of 13. If we learn that we have collected personally identifiable information of any child we will take steps to delete such information from our files as soon as possible. We urge parents to instruct their children to never give out their real names, addresses or phone numbers without permission.  If you are a parent or guardian and are concerned about the transfer of personal information about your child, please contact us via a private support ticket at https://cohhc.gg/support.

1.5.   What about GDPR? We respect your right to privacy and will only process personal information in accordance with applicable legislation in the EU (which includes the General Data Protection Regulation (EU) 2016/679 or the GDPR as it is often referred to), the USA and elsewhere. For personal information contained in this Privacy Policy which is used by Homecoming in connection with the City of Heroes Services, Homecoming is the data controller under EU data protection legislation.

2.1.   What information might we collect from you? When you sign up for, download, use or play the City of Heroes Services then we will collect certain information from you. The information that we collect varies depending on the particular City of Heroes Services used, but this may include:

2.2.   What about the storage of payment details? The processing and storage of payment details is a matter for the relevant platform and the applicable payment methods/processors. Homecoming will not receive, process or store any of your payment details. This is because the payment transactions themselves are completed through the relevant platforms (e.g. PayPal) via the user account you have associated with that platform account.

2.3.   What about cookies? We and third parties on our behalf also collect information about you via cookies and other advertising tracking technologies. You can find out more about our use of cookies and such technologies in our Cookie Policy. The Cookie Policy (https://cohhc.gg/cookies) forms part of this Privacy Policy. Please note that companies delivering advertisements on our websites or through our social media channels may also use cookies or other technologies, and those practices are subject to their own policies.

Where will your information be stored? The information we hold will primarily be stored and processed in Canada and Germany. All information we hold is stored on our secure servers which we own or license from appropriate third parties. We use industry standard procedures and security standards to prevent unauthorized access to our servers, however no online service or website can be completely secure, so please protect the account information in your possession as well.

4.1.   How might your information be used? We may use the information above in order to (for example):

The above is intended to set out which lawful bases for processing Homecoming is utilizing.

4.2.   Will we ever share any of your information with other parties?

Please remember that any communications you have via the City of Heroes Services may reveal details about you. Also, any information you post publicly will be publicly available to other people. We are not responsible for your use of any otherwise private personal information which you make available, or the activities of other users or other third parties to whom you give or make available your information or content. The City of Heroes Services may, from time to time, contain or connect you with third party content or services. Our Privacy Policy does not extend to external sites or companies, so please refer directly to their privacy policies.

How long do we retain your data for? As long as necessary for the purpose for which the data was originally collected.  For any data received in relation to crash reports or data logging, we hold this information for up to 180 days. For any chat-logs, we hold this information for up to 180 days (unless they are part of an ongoing support request, in which case the relevant chat log will be deleted once the request is closed).

As detailed below, depending on where you live you may have certain legal rights to object to our collection and use of your data, but this may mean some or all City of Heroes Services become unavailable to you. We also reserve the right to retain your information as necessary to comply with our legal obligations, resolve disputes, maintain appropriate business records and enforce our agreements.

In the event we have to terminate the City of Heroes Services, we may have to delete all data we hold on our players.

7.1.   Can you ask us to stop processing your personal information? You have the right to ask us not to process your personal information for marketing purposes. You can change your email settings to unsubscribe from email communications. Our Cookie Policy also details how you can deactivate certain types of cookies and other ad tracking technologies that may be used in providing certain City of Heroes Services.

7.2.   What are your rights?

7.3.   Under California law, California residents who have an established business relationship with us have the right to request certain information with respect to the types of personal information we have shared with third parties for their direct marketing purposes, and the identities of those third parties, within the immediately preceding calendar year, subject to certain exceptions. All requests for such information must be in writing and sent to: Homecoming Servers LLC at 2349 US Hwy 70 SE, STE 267, Hickory, North Carolina, USA. This same California law permits us to provide you, in response to your written request, with a cost-free means to choose not to have your information shared rather than providing the above described information. You may exercise that choice by contacting us at the address above.

7.4.   Who should you contact if you would like to exercise these rights? If you would like to exercise any of these rights or have any queries regarding them, please contact us via a private support ticket at https://cohhc.gg/support.

8.1.  You may be able to take part in certain activities through the City of Heroes Services that give you the opportunity to communicate or share information not just with us, but also with other users of our services, generally by engaging with our official social media accounts. We are not responsible for your use of those services. If you communicate to us or other users publicly via our social media accounts, you are strongly encouraged to review the privacy policies of those services if you have questions about the use of your data. We only access the information you make available to the public on our social media pages and do not receive any information concerning your social media account from any social media platform.

9.1.   In September 2013, California enacted amendments to the California Online Privacy Protection Act (California Business & Professions Code §§22575-22579) which require operators of websites to disclose how they respond to “do not track” (“DNT”) signals from browsers used by consumers or other mechanisms that provide consumers a choice regarding the collection of personally identifiable information about the consumer’s online activities over time and across different websites or online services. While some newer browsers have incorporated “Do Not Track” features which, when turned on, send a signal or preference to the web sites you visit indicating that you do not wish your online activity to be tracked, a DNT protocol that can be implemented across multiple devices and sites has not yet been widely adopted. Currently, our computer system does not support, and cannot act on DNT signal headers that we may receive; accordingly, the choices that we provide you concerning out collection and use of personally identifiable information will continue to operate as described in this policy.

10.1. Will we ever change this Privacy Policy? Possibly, but if we do we will make the changed Privacy Policy available online and update the “Last Updated” date. Once we change the Privacy Policy, it will become operative as of the date of publication (i.e. the new “Last Updated” date). You are welcome to contact us if you have specific questions about the changes, you can contact us via a private support ticket at https://cohhc.gg/support. If you do not agree to those changes, regardless of whether you contact us, then unfortunately you must cease using all City of Heroes Services.

10.2. Are there any other documents you should read? We'd also like to remind you that our Terms of Service has more information about how we operate the City of Heroes Services (https://cohhc.gg/terms).

Categories of Data we Collect and their Uses

In addition to the details provided in Section 2 of our Privacy Policy, we collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the CCPA's scope, like:
• Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
• Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from our end users. For example, from customers who engage us for customer support or to provide customer feedback.
• Indirectly from our end users. For example, through information we collect from our end users in the course of providing customer support to them.
• Directly and indirectly from activity on our websites, through social media channels or in our game. For example, from APIs and cookies (described above) embedded in our services to measure game metrics and progress, play time, and other information related to improving our products.
• From third-parties that interact with us in connection with the services we perform. For example, from third party analytics for the purpose of providing the services.

All such Personal Information is used as otherwise described in Section 4 of our Privacy Policy.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose.  When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

• Aggregated inferences drawn from gameplay statistics

We disclose your personal information for a business purpose to the following categories of third parties:

• Our licensors

Your Rights and Choices

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).

We generally do not sell our player data for commercial purposes and only disclose it for the reasons outlined above. However, if we do sell your personal information for a business purpose, we will also disclose to you:

• The personal information that each category of recipient purchased; and
• disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

• Complete any transaction for which we collected the personal information, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products, including our websites and games, to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by emailing us at [email protected].

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a twelve (12)-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the twelve (12) month period preceding the verifiable consumer request's receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.