Terms of Service

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Privacy Policy

Our Privacy Policy was last updated on September 12, 2022

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your
information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the
collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in
plural.

Definitions

For the purposes of this Privacy Policy:
© “Account” means a unique account created for You to access our Service or parts of our Service.

• “Business”, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company
  as the legal entity that collects Consumers’ personal information and determines the purposes and
  means of the processing of Consumers’ personal information, or on behalf of which such
  information is collected and that alone, or jointly with others, determines the purposes and means of
  the processing of consumers’ personal information, that does business in the State of California.

© Company’ (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to
Game Mode Select, LLC.

For the purpose of the GDPR, the Company is the Data Controller.

© “Country” refers to The United States

© “Consumer’, for the purpose of the CCPA (California Consumer Privacy Act), means a natural
person who is a California resident. A resident, as defined in the law, includes (1) every individual
who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is

domiciled in the USA who is outside the USA for a temporary or transitory purpose.

• “Cookies” are small files that are placed on Your computer, mobile device or any other device by a
  website, containing the details of Your browsing history on that website among its many uses.

“Data Controller”, for the purposes of the GDPR (General Data Protection Regulation), refers to the
Company as the legal person which alone or jointly with others determines the purposes and means
of the processing of Personal Data.

“Device” means any device that can access the Service such as a computer, a cell phone or a
digital tablet.

“Do Not Track” (DNT)” is a concept that has been promoted by US regulatory authorities, in
particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and
implement a mechanism for allowing internet users to control the tracking of their online activities
across websites.

“Personal Data” is any information that relates to an identified or identifiable individual.

For the purposes of GDPR, Personal Data means any information relating to You such as a name,
an identification number, location data, online identifier or to one or more factors specific to the
physical, physiological, genetic, mental, economic, cultural or social identity.

For the purposes of the CCPA, Personal Data means any information that identifies, relates to,
describes or is capable of being associated with, or could reasonably be linked, directly or indirectly,
with You

“Sale”, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting,
releasing, disclosing, disseminating, making available, transferring, or otherwise communicating
orally, in writing, or by electronic or other means, a Consumer’s personal information to another
business or a third party for monetary or other valuable consideration.

“Service” refers to the Website.

“Service Provider” means any natural or legal person who processes the data on behalf of the
Company. It refers to third-party companies or individuals employed by the Company to facilitate the
Service, to provide the Service on behalf of the Company, to perform services related to the Service
or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR,
Service Providers are considered Data Processors.

“Usage Data” refers to data collected automatically, either generated by the use of the Service or
from the Service infrastructure itself (for example, the duration of a page visit).

“Website” refers to Retro Game Mode, accessible from https://retrogamemode.com

“You” means the individual accessing or using the Service, or the company, or other legal entity on
behalf of which such individual is accessing or using the Service, as applicable.

Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or
as the User as you are the individual using the Service.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that
can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

Email address

First name and last name

Phone number

Address, State, Province, ZIP/Postal code, City
Usage Data

Usage Data

Usage Data is collected automatically when using the Service

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address),
browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the
time spent on those pages, unique device identifiers and other diagnostic data

When You access the Service by or through a mobile device, We may collect certain information
automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID,
the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser
You use, unique device identifiers and other diagnostic data

We may also collect information that Your browser sends whenever You visit our Service or when You
access the Service by or through a mobile device

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain
information. Tracking technologies used are beacons, tags, and scripts to collect and track information and
to improve and analyze Our Service. The technologies We use may include’

Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your
browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not
accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted
Your browser setting so that it will refuse Cookies, our Service may use Cookies.

• Web Beacons. Certain sections of our Service and our emails may contain small electronic files,
  known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit
  the Company, for example, to count users who have visited those pages or opened an email and for
  other related website statistics (for example, recording the popularity of a certain section and
  verifying system and server integrity).

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or
mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web
browser.

We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies

‘Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website
and to enable You to use some of its features. They help to authenticate users and prevent
fraudulent use of user accounts. Without these Cookies, the services that You have asked for
cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
Functionality Cookies

‘Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such
as remembering your login details or language preference. The purpose of these Cookies is to
provide You with a more personal experience and to avoid You having to re-enter your preferences
every time You use the Website.

Tracking and Performance Cookies

Type: Persistent Cookies

Administered by: Third-Parties

Purpose: These Cookies are used to track information about traffic to the Website and how users
use the Website. The information gathered via these Cookies may directly or indirectly identify you
as an individual visitor. This is because the information collected is typically linked to a
pseudonymous identifier associated with the device you use to access the Website. We may also

use these Cookies to test new pages, features or new functionality of the Website to see how our
users react to them

For more information about the cookies we use and your choices regarding cookies, please visit our
Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.

To manage Your Account: to manage Your registration as a user of the Service. The Personal
Data You provide can give You access to different functionalities of the Service that are available to
You as a registered user.

© For the performance of a contract: the development, compliance and undertaking of the purchase
contract for the products, items or services You have purchased or of any other contract with Us
through the Service.

• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of
  electronic communication, such as a mobile application’s push notifications regarding updates or
  informative communications related to the functionalities, products or contracted services, including
  the security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers and general information about other goods, services and
  events which we offer that are similar to those that you have already purchased or enquired about
  unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.
• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture,
  restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets,
  whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which
  Personal Data held by Us about our Service users is among the assets transferred.

© For other purposes: We may use Your information for other purposes, such as data analysis,
identifying usage trends, determining the effectiveness of our promotional campaigns and to
evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

© With Service Providers: We may share Your personal information with Service Providers to
monitor and analyze the use of our Service, for payment processing, to contact You.

For business transfers: We may share or transfer Your personal information in connection with, or
during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a
portion of Our business to another company.

Affiliates: We may share Your information with Our affiliates, in which case we will require
those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other
subsidiaries, joint venture partners or other companies that We control or that are under common
control with Us.

‘* With business partners: We may share Your information with Our business partners to offer You
certain products, services or promotions.

© With other users: when You share personal information or otherwise interact in the public areas
with other users, such information may be viewed by all users and may be publicly distributed
outside,

• With Your consent: We may disclose Your personal information for any other purpose with Your
  consent,

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