Privacy Policy

Last Revised: November 30th, 2022

Enthusiast Gaming Inc. (“us”, “our” and “we”) thanks you for your interest in our website, www.enthusiastgaming.com, or any other website on which this Policy is posted, and the activities, products, services and content that we may offer from time to time (collectively, the “Services”).

We value the privacy of those who visit and/or use the Services (individually, “you” or collectively, “Users”). We take your privacy seriously and make it a priority to protect personal information that we obtain from and about our Users.

Although the information in this Policy is generally intended to apply to all visitors and users of our Sites, certain sections only apply to certain individuals. In this respect, residents of California should consult the section titled “Additional Data Rights Applicable to California Residents” for rights that apply to them, and residents of the European Economic Area (“EEA”), which includes the member states of the European Union (“EU”), and of the United Kingdom and Switzerland, should consult the sections of this policy relating to the “Additional Data Rights Applicable to EEA Residents” and “International Data Transfers” for provisions that may apply to them. 

By visiting and/or using the Services you expressly consent to the information handling practices described in this Privacy Policy. If you do not want your personal information to be used in the manner set forth in this Privacy Policy, you must not use the Services and shall cease using the Services immediately.

Our collection and use of information that identifies you, or by which your identity could, alone or in combination with other information, be deduced (such as your name, address, telephone number and e-mail address) (“Personal Information”) is subject to the terms of this Privacy Policy.

 

  1. WHAT PERSONAL INFORMATION WE COLLECT
    a.  Personal Information that you provide. From time to time, we may ask you to provide Personal Information. If you choose to provide such information you are giving us the permission to use and store such information as provided in this Privacy Policy.

    b.  Personal Information collected via cookies. When you use our website we may use cookies to track information about your browser’s activities and to provide you with better services and features on the Services. The types of cookies that we may use are “session cookies” and “persistent cookies”.

       i.  Session cookies: Session cookies store information only for the length of time that you are connected to a website – they are not written onto your hard drive. Once you leave the website, they expire and are no longer active. We use session cookies to record certain information from your browser including your Internet Protocol (IP) address, browser type, internet service provider (ISP), referring or exit pages, operating system and the dates and times that you use our website. Additionally, we may record certain information regarding your browsing of our website. Session cookies allow us to gather statistical data which provides insight into how we may improve our Services and to identify your current session to our web server.

      ii. Persistent cookies: Persistent cookies store information on your hard drive and can be re-read when you return to the site that placed them on your hard drive. We use persistent cookies to remember your preferences and to help block unauthorized attempts to access your Personal Information.

      iii. Rejecting cookies: You may adjust your browser settings to notify you when a cookie is about to be sent or you may configure your browser to refuse cookies automatically. Please review your web browser’s “Help” file to learn the proper way to modify your cookie settings. Note that if you do not accept cookies you will not have access to certain services and features on our website that rely on cookies for their functionality.

       iv. Location information. We may collect and store information about your location if you enable your computer or mobile device to send us location information. You may be able to change the settings on your computer or mobile device to prevent it from providing us with such information.

    c. Interactive Information. When you view ads served by us or have other interaction with ads served by us, we may collect information about your interaction with such ads, for example, information that you have viewed or clicked an ad.

    d. Third-Party Web Beacons. We may also implement third-party content on our website that uses “clear gifs”, “web beacons” or other similar techniques, which allow third-party content providers to read and write cookies to your browser, or implement similar tracking mechanisms, in connection with your viewing of that third-party content displayed on our website. This information is collected directly by the third-party, and we do not participate in that data transmission. Information collected by third parties in this manner is subject to that third-party’s own data collection, use, and disclosure policies.

    e. Connecting through social media networks. If you choose to connect to one of our sites through a third-party social network such as Facebook, Twitter, Instagram and other networks (each, a “Social Network”), we may collect Personal Information from your profile on such Social Network, such as your name, user name, and email address. In addition, our Sites offer features that will allow you to share Personal Information from our Sites to a Social Network or share Personal Information from our Social Network sites. If you decide to use such features, they may allow the sharing and collection of Personal Information both to and from such Social Network so you should check the privacy policy of each Social Network before using such features

    f. Your relationship with us. We will collect information arising from your relationship with and through us and your use of the Services. For example, we maintain a record of your name and email address and when you send us an e-mail, speak with one of our telephone service representatives, or communicate with us through any other means, we may monitor, record and retain those communications for our mutual protection and in order to process your inquiries, respond to your requests and improve our Services.

    g. Personal Information from Other Sources. We may also obtain Personal Information from third parties and sources other than the Services. If we combine or associate information from other sources with Personal Information that we collect through our Services, we will treat the combined information as Personal Information in accordance with this Privacy Policy.

  2. HOW AND WHY YOUR PERSONAL INFORMATION IS USED

    a. To Serve you. We use the Personal Information that you provide or that we collect for legal and regulatory purposes, to manage business risks, to provide our Services to you and to establish and enhance our relationship with you. We generally use the Personal Information you provide or that we collect to operate, maintain, enhance, and provide our Services. For example, we may use your Personal Information to: respond to specific requests from you; to help us better understand your use of the Services; and to administer the Services and protect the security of the Services when necessary. The Services may allow you to submit feedback. Should you choose to submit feedback, you consent to us contacting you by way of follow-up e-mail or phone call to discuss your feedback.

     

    b . Aggregate Information. We may generate non-identifying and aggregate profiles from the information you provide during registration for our Services and through your use of our Services. Non-identifying and aggregate profiles are used to improve the quality of our Services and to develop new Services. Aggregated non-personally identifying information may be shared with third parties

     

    c. Marketing and Experience. We may use your Personal Information to provide you with information about our features, services and other offerings that may be of interest to you and facilitate your participation in sweepstakes or contests and to fulfill prizes. This information may be provided to you by mail or phone and/or, with your prior consent, by email. We may also send information or offers to groups of Users on behalf of other businesses. We may share your Personal Information with certain other websites that we link to, to the extent that you click on such links, in order to enhance your experience in connection with our website.

     

  3. TO WHOM YOUR PERSONAL INFORMATION MAY BE DISCLOSED

    a. Our subsidiaries or affiliates. We may share your Personal Information with our subsidiaries or affiliates (the “Group”) for: fraud or crime prevention, suppression or detection; for legal and regulatory purposes and to meet regulatory, legal or reporting requirements; to manage business risks; to perform analytics; to ensure that we have correct and up to date information about you; and to the extent necessary if you have requested a Service that is jointly offered by more than one member of the Group. We may also share your Personal Information to better manage your total relationship with the Group and enable other members of the Group to bring suitable Services to your attention. We may share your Personal Information within the Group for these purposes unless prohibited by law or you tell us not to.

     

    b. Suppliers. We may use other companies, to provide certain Services on our behalf. We may share your Personal Information with our suppliers, agents and other organizations that perform Services for us or on our behalf to the extent necessary to provide and administer the Services that you have requested from us. These companies will only be given the information needed to perform those Services. Our suppliers may perform activities outside of your jurisdiction. As a result, your Personal Information may be used, stored or accessed in other countries and may be subject to the laws of those jurisdictions. These companies may be required to disclose your Personal Information in response to valid demands or requests from governments, regulators, courts and law enforcement authorities in those jurisdictions or countries.

     

    c. Partners. We may share your Personal Information with third parties, which we partner with, for example on a promotion or competition. Such partners will process your Personal Information in accordance with their own privacy policies, which we encourage you to read.

     

    d. Corporate Restructuring. We may share some or all of your Personal Information in connection with or during a merger, financing, consolidation, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets, or in the unlikely event of bankruptcy. If another company acquires our company, business, or assets, that company will possess the Personal Information we collected and will assume the rights and obligations regarding your Personal Information as described in this Policy.

     

    e. Where required by law. We may disclose your Personal Information if we have a good faith belief that access, use, preservation or disclosure of such Personal Information is reasonably necessary to satisfy any applicable law, regulation, self-regulation, legal process or enforceable governmental request. When we provide Personal Information in response to a legal inquiry or order that we believe to be valid, we disclose only the Personal Information that is legally required. Note that we may store or process your Personal Information outside of your jurisdiction which physical storage of your Personal Information may span multiple jurisdictions or countries and we may disclose your Personal Information in response to valid demands or requests from governments, regulators, courts or law enforcement authorities in those jurisdictions or countries.

     

    f. Protection of our interests. We may also disclose your Personal Information if we believe, in good faith, that it is appropriate or necessary to take precautions against liability; to help us collect a debt or enforce an obligation owed to us by you; to protect against fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of our Services; or to protect the rights, property, or personal safety of our Users, employees or others.

     

    g. Social Networks. We may share your Personal Information with Social networks for the reasons described above. 

     

    h. Consent. We may disclose your Personal Information where you have authorized us to do so. For example, if you have given us consent, we may share your Personal Information with business partners and other entities that are not affiliated with us who would like to send you information about their products and services. We do not share Personal Information with other third-party organizations for their marketing or promotional use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in.

     

  4. HOW WE PROTECT YOUR PERSONAL INFORMATION

    a.
    Security processes. We make commercially reasonable efforts to safeguard your Personal Information from loss or theft, unauthorized access, disclosure, duplication, use or modification through security measures appropriate to the sensitivity of the information. These measures include internal reviews of our data collection, storage and processing practices and security measures which include appropriate encryption and physical security measures to guard against unauthorized access to systems where we store Personal Information.

     

    b. Confidentiality obligations. We restrict access to your Personal Information to our employees, contractors, web host provider, and suppliers who need to know that information in order to process it on our behalf or to provide our Services to you. Our employees, contractors and suppliers are bound by confidentiality obligations and may not use the information for any unauthorized purpose. Our employees may be subject to discipline, including termination and criminal prosecution, if they fail to meet their obligations described in this Privacy Policy.

     

  5. DATA RETENTION


    We retain the Personal Information we receive as described in this Policy for as long as you use our Services or as necessary to fulfil the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. This length of time will vary depending on the Service and the nature of the information and may extend beyond the end of your relationship with us.

    In determining this, we will be considerate of the amount, nature and sensitivity of the Personal Information, the potential risk of harm to the Personal Information, and whether our purposes can be achieved through other means.

  6. PROVIDING OR WITHDRAWING YOUR CONSENT

    We will obtain your consent before collecting, using or disclosing your Personal Information, except where permitted or required by law. Depending on the situation and the sensitivity of the information, we may obtain your consent in different ways. Express consent may be obtained verbally, electronically or in writing from you or your authorized representative (such as a legal guardian or attorney appointed pursuant to a power of attorney) for stated purpose(s). Implied consent may be obtained through your use or continued use of a Services when the purpose(s) for collecting, using or disclosing your Personal Information is indicated by the relevant circumstances or follows logically from purposes identified in this Privacy Policy. We will seek your consent before using your Personal Information for any purpose not previously identified and will limit the collection of your Personal Information to that which is reasonably necessary for the relevant purpose(s). We will not, as a condition of the supply of any of the Services, require you to consent to the collection, use or disclosure of Personal Information beyond that which is reasonably required to fulfill the purpose for which it is collected.

    In most cases you may refuse to provide your consent to our collection, use and/or disclosure of your Personal Information in accordance with this Privacy Policy. Note, however, that if you refuse to provide your consent or withdraw your consent, we may not be able to provide you with a particular Service.  

    You may withdraw your consent provided that: you provide reasonable notice; we are not legally required to collect, use or disclose your Personal Information; and withdrawing your consent does not impede our ability to fulfill our obligations to you. You may withdraw your consent by contacting us at [email protected]. Our staff will be pleased to explain your options and any consequences of refusing or withdrawing your consent, and record your choices.

    Several of the privacy preferences available to you, subject to legal, business or contractual requirements, are outlined below.

    a. Direct marketing. The Services may provide an option for you to consent to receive information that may be of interest to you such us our newsletters and updates on our new services through various channels including direct mail, telephone, electronic or other means. You may opt-out of receiving such communications from us at any time by clicking on the “unsubscribe” link in any such electronic messages or by contacting us at [email protected]. We will honor your opt-out instructions within 10 business days after we are informed of your request without any further action being required by you.

    b. Sharing with our subsidiaries, affiliates or Suppliers. We may share your Personal Information with the Group or our suppliers, agents and other organizations that perform Services for us or on our behalf for the reasons outlined in paragraphs 3(a) and 3(b) above. If you withdraw your consent for this sharing, we may not be able to provide you with your requested Service.

     

  7. CHANGES TO THIS PRIVACY POLICY

    We reserve the right to change this Privacy Policy at any time at our sole discretion. We will inform you of any such change by posting a new Privacy Policy on our website and clearly marking the effective date of any such change to the Privacy Policy, or we may contact you to inform you about the revisions with a link to the revised Privacy Policy. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes and your continued consent to our processing of your Personal Information. If at any point you do not agree to any portion of this Privacy Policy, then in effect you should immediately stop using the Site and the Services.

  8. THIRD-PARTY SITES

    Our website may be linked to internet websites operated by other companies. You should consult the respective privacy policies of these third-party websites. Our Privacy Policy does not apply to, and we cannot control the activities of, such other third-party web sites. Please be aware that we do not warn you when you choose to follow a link through to another website from our website.

  9. INTERNATIONAL USERS

    Please note that we may store or process your Personal Information outside of your jurisdiction. The physical storage of your Personal Information may span multiple jurisdictions or countries and the governments, regulators, courts or law enforcement authorities in those jurisdictions or countries may be able to obtain disclosure of your information through applicable laws. Your use of the Services or your submission of any Personal Information to us will constitute your consent to the transfer of your Personal Information outside of your jurisdiction, which may provide for different data protection rules than those in your own jurisdiction.

  10. OUR COMMITMENT TO CHILDREN’S PRIVACY

    Our Services are not mainly for minors and our website does not knowingly collect any personal information from minors. If a User is deemed as minor under applicable law, please make sure that before the use of the application which integrates our Services or the application of an advertiser that partners with us for delivering its ads, parents or other guardian and such User have together read the application’s privacy policy with the guardianship and guiding of parents or other guardian, and their consent have been provided for processing of personal information.

    We process minor’s personal information according to requirements of related laws and regulations. Except as otherwise provided by law, we will only collect, use, store, disclose, or make available to the public the personal information where permitted by law, with consent of parents or other guardians, or for the necessity of protection of the minors. If we notice the collection of personal information of minors without verifiable consent of parents, we will take measures to delete related information as soon as possible.

    If you are parents or other guardian of minors, please contact us at [email protected] when you have any question regarding to the protection of minors.

    If you are Users in the U.S., we ensure that we comply with the Children’s Online Privacy Protection Act (COPPA). If our business partners operate applications directed to children under the age of thirteen (13) or knowingly collect, use or disclose personal information of children under the age of thirteen (13) during our cooperation, they will obtain verifiable parental consent for us to collect, use or disclose such personal information according to this Policy. Further, such business partners must enable the COPPA settings when using our Services. This allows us to ensure that any persistent identifiers collected about Users of applications that are flagged as “child-directed” will be processed according to the requirements of COPPA, including not being used to serve behaviorally-targeted ads or track users for such purposes in violation of COPPA. In addition, we will not knowingly collect any other personal information (such as the precise geo-location of Users’ devices) from Users that we know to be directed to children under the age of thirteen (13).

    If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should promptly contact us at [email protected] and we will take reasonable steps to ensure that such information is deleted from our files.

  11. INFORMATION SECURITY

    We take commercially reasonable steps to protect our customers’ Personal Information against unauthorized access, disclosure or loss. However, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, while we strive to protect Personal Information and any other user information we cannot ensure or warrant the security of any information you transmit to us or from the Site. You engage in such transmissions at your own risk.

    If you have a security-related concern, including if you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at [email protected].

  12. ADDITIONAL DATA RIGHTS

    You have the right to access, modify, correct or delete any personal data which we may have collected. To exercise this right please contact privacy [email protected]

    Additional Data Rights Applicable to EEA Residents

    This section of this Privacy Policy is applicable to residents of the European Economic Area (“EEA”). The EEA consists of the member states of the European Union, i.e., Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden, and Iceland, Liechtenstein, and Norway. This section also applies to residents of Switzerland and of the United Kingdom. Residents of the EEA, United Kingdom and Switzerland are referred to here as “EEA Residents.” 

    All processing of Personal Information of EEA Residents is performed by us in accordance with the privacy laws applicable in those jurisdictions including the General Data Protection Regulation (2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of Personal Information and on the free movement of such data (“GDPR”) and the GDPR as it is enacted in the UK.

    Under applicable law, Enthusiast Gaming Inc. is the controller of the Personal Information of EEA Residents. If you would like to contact us, please use the contact details in this policy.

    We only process your Personal Information where it is lawful to do so and in accordance with the purposes described above. When doing so, we rely on the following lawful bases:

    • Consent: we may seek your consent to process your Personal Information, for example to send you marketing communications.
    • Contract: we may process your Personal Information when necessary for the performance of the contract that we are party to with you, for example, the terms and conditions you may accept when using our Services.
    • Legal obligation: we may process your Personal Information when we consider ourselves to be subject to a legal obligation, for example if we are required to respond to a request from an authority.
    • Legitimate interests: we may process your Personal Information when we have a legitimate interest do so and this does not override your rights and freedoms. Our legitimate interests are securing our sites, Services, property, systems, and users, improving our sites and Services, growing and improving our business and customer relationships, marketing and advertising, resolving disputes, and preventing fraud and abuse.

    As an EEA Resident, you may have the following rights with regards your Personal Information:

    • The right to request access to, and a copy of, the Personal Information we hold about you, including details as to how we process this Personal Information.
    • The right to object to, or restrict, our processing of your Personal Information.
    • The right to request that your Personal Information be erased from further use.
    • The right to correct, amend, or update Personal Information you have given us (in some instances, where you have an account with us, you can also do this by logging in and updating your Personal Information).
    • The right of portability, which allows you to request that we share your Personal Information with others.
    • The right to withdraw any consent to processing you have provided us.

    At all times, you also have the right to submit a complaint to a data protection regulator in the EEA, UK or Switzerland

    Additional Data Rights Applicable to California Residents

    The following section pertains to the rights of individuals or households in California (“California consumers”).

    Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California consumer, a business may be required to provide detailed information regarding how that business has shared that customer’s Personal Information with third parties for direct marketing purposes. However, the foregoing does not apply to businesses like ours that do not disclose Personal Information to third parties for direct marketing purposes without prior approval or give customers a free mechanism to opt out of having their Personal Information disclosed to third parties for their direct marketing purposes.

    The CCPA (California Civil Code Section 1798.100 et seq.) provides California consumers with additional rights regarding Personal Information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. The categories of Personal Information we collect are generally described above but differ for individual consumers depending on the Services used by such consumers.

    • Right to Know and Right to Delete: A California consumer has the right to request that we disclose what Personal Information we collect, use, disclose and sell. A California consumer also has the right to submit requests to delete Personal Information. When we receive a request to know or delete from a California consumer, we will confirm receipt of the request within 10 business days and provide information about how we will process the request, including our verification process. We will respond to such requests within 45 days.
    • Right to Correct: Under the CPRA, effective January 1, 2023, California residents have the right to request that we correct any inaccurate personal information we maintain about you, taking into account the nature of the personal information and the purposes for which we are processing such personal information. We will use commercially reasonable efforts to correct such inaccurate personal information about you.
    • Right to Opt-Out of Sale or Sharing: Under the CCPA, California residents have the right to opt-out of the sale of their personal information. Please note we do not sell personal information and we do not knowingly sell the personal information of any individuals under the age of 16. Under the CPRA, which becomes effective on January 1, 2023, California residents also have the right to opt-out of the sharing of their personal information. As mentioned above, we share your personal information with our service providers, our business partners, and with legal/regulatory authorities when we are required to do so. If you have any questions regarding your rights to opt out of the sharing of your personal information, please contact us at [email protected]. We do not engage in cross-context behavioral advertising or profiling.
    • Right for Disclosure of Personal Information: A California consumer may also submit requests that we disclose specific types or categories of Personal Information that we collect.

    Under certain circumstances, we will not provide such Personal Information, including where the disclosure creates a substantial, articulable and unreasonable risk to the security of that Personal Information, customers’ accounts with us, or the security of our systems or networks. We also will not disclose California consumers’ social security numbers, driver’s license numbers or other government-issued identification numbers, financial account numbers, any health insurance or medical identification numbers, or account passwords and security questions and answers.

    If you are a California consumer and would like to make any requests under the CCPA, please direct them as follows: Enthusiast Gaming Inc., Attention: Privacy Officer, 90 Eglinton Ave E Unit 805, Toronto, ON M4P 2Y3; or at [email protected].

    If we receive any request, we will use a two-step process for online requests where the California consumer must first, clearly submit the request and then second, separately confirm the request. We will use other appropriate measures to verify requests received by mail or telephone.

    In submitting a request, a California consumer must provide sufficient information to identify the consumer, such as name, email address, home or work address, or other such information that is on record with us so that we can match such information to the Personal Information that we maintain. Do not provide social security numbers, driver’s license numbers, account numbers, credit or debit card numbers, medical information or health information with requests. If requests are unclear or submitted through means other than as outlined above, we will provide the California consumer with specific directions on how to submit the request or remedy any deficiencies. If we cannot verify the identity of the requestor, we may deny the request.

     

  13. COMPLAINTS AND QUESTIONS

    a. We regularly review our compliance with this Privacy Policy. When we receive formal written complaints, it is our policy to contact the complaining User regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between us and you.

    b. If you have any questions about this Privacy Policy, please feel free to contact us through the Services or write to us at: Enthusiast Gaming Inc., Attention: Privacy Officer, 90 Eglinton Ave E Unit 805, Toronto, ON M4P 2Y3; or at [email protected].