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    <h1>Privacy Notice</h1>
    <p class="strong pagemeta">
      Last Updated September 19, 2022: Removed reference to Facebook login, which is no longer supported.
    </p>
    <p>
      HabitRPG, Inc. (“HabitRPG,” “we,” “us,” or “our”) welcomes you. This privacy notice (the “Privacy
      Notice”) describes how we process the information we collect about or from you through our Website
      located at <a href="https://habitica.com/static/home">https://habitica.com/static/home</a> and/or our Apps
      (our “Digital Platforms”), from our users, subscribers, visitors and other users of our technology and
      platforms (together with our Digital Platforms, the “Habitica Service” or the “Service”), and when you
      otherwise interact with us. This Privacy Notice may be updated by us from time to time without notice to
      you. By accepting this Privacy Notice, accessing or using the Service, or otherwise manifesting your
      assent to this Privacy Notice, you agree to be bound by this Privacy Notice. If you do not agree to (or
      cannot comply with) all of the terms of this Privacy Notice, you may not access or use the Service.
    </p>
    <p>
      Capitalized terms not defined in this Privacy Notice shall have the meaning set forth in our Terms of
      Service.
    </p>
    <h2>THE INFORMATION WE COLLECT AND HOW WE USE IT</h2>
    <p>
      In the course of operating the Service, HabitRPG collects or receives the following types of information
      from visitors to the Website; users, subscribers or other users of its Platforms; and from third-party
      integration partners, which may include personal information.
    </p>
    <h3>Contact Information</h3>
    <p>
      We collect contact information through our Service; contact information typically includes your name,
      email address, and any other information you provide in messages to us. We use such contact information
      for purposes such as providing you with information about the Service, responding to your inquiries,
      sending you email alerts (including marketing emails), verifying your identity or providing you the
      Service.
    </p>
    <h3>Account Access Information</h3>
    <p>
      In connection with the creation of an account on our Platforms, we collect account credentials such as
      your email, username, and password. We use this account information to create your account, including to
      verify your identity. We also use this information to manage your account, including your transactions. If
      you choose to log into your account through Google or Apple, we capture and store the User ID and email
      address connected to the respective account, so we can verify your identity when you log in.
    </p>
    <h3>User Content</h3>
    <p>
      As explained in more detail in the Terms of Service, HabitRPG allows you to upload and receive content,
      including text, photos, images, task lists, graphics, artwork, links to outside content, and or other material.
      It is your decision what kind of personal information (if any) you submit. We do not use personal
      information posted in your content in any way except as needed to enforce the community guidelines and
      terms of service or to provide assistance and troubleshooting issues with service to the account.
    </p>
    <h3>Transaction Information</h3>
    <p>
      When you make, or attempt to make, a purchase, sale or other transaction as a user or subscriber through
      one of our Platforms, we may collect certain information from you, including your name, billing address,
      mailing address, email address, and phone number. We refer to this information as “Transaction
      Information.” We use the Transaction Information that we collect generally to facilitate transactions
      between users through our Platforms (including providing you with invoices and/or transaction
      confirmations). Additionally, we use this Transaction Information to: communicate with you; screen our
      transactions for potential risk or fraud; and when in line with the preferences you have shared with us,
      provide you with information or advertising relating to our products or Service. Our third-party payment
      processing providers may also collect from you, process and store your payment information including
      credit card information and/or bank account information in accordance with their respective privacy
      policies linked to below:
    </p>
    <ul>
      <li>
        For Stripe, visit: <a
          href="https://stripe.com/privacy"
          target="_blank"
        >https://stripe.com/privacy</a>
      </li>
      <li>
        For Amazon Pay, visit: <a
          href="https://pay.amazon.com/help/201751600"
          target="_blank"
        >https://pay.amazon.com/help/201751600</a>
      </li>
      <li>
        For PayPal, visit: <a
          href="https://www.paypal.com/us/webapps/mpp/ua/privacy-full"
          target="_blank"
        >https://www.paypal.com/us/webapps/mpp/ua/privacy-full</a>
      </li>
      <li>
        For Apple Pay, visit: <a
          href="https://www.apple.com/legal/privacy/data/en/apple-pay/"
          target="_blank"
        >https://www.apple.com/legal/privacy/data/en/apple-pay/</a>
      </li>
      <li>
        For Google Pay, visit: <a
          href="https://support.google.com/googlepay/answer/10223752?hl=en&co=GENIE.Platform%3DAndroid"
          target="_blank"
        >https://support.google.com/googlepay/answer/10223752?hl=en&co=GENIE.Platform%3DAndroid</a>
      </li>
    </ul>
    <p>
      We reserve the right to change our payment vendors at any time, or to use additional payment vendors, at
      our discretion, and will update this Privacy Notice from time to time accordingly.
    </p>
    <h3>Server Log, Device and Other Technical Information</h3>
    <p>
      Our servers keep log files that record data each time a device accesses those servers. The log files may
      contain data about the nature of such access, including the device’s IP address, user agent string (e.g.,
      operating system and browser type/version), and the pages you have clicked on while on our Service, and
      details regarding your activity on the Service such as time spent on the Service and other performance and
      usage data. We may use these log files for purposes such as assisting in monitoring and troubleshooting
      errors and incidents, analyzing traffic, or optimizing the user experience.
    </p>
    <h3>Cookies and Similar Technologies</h3>
    <p>
      We may collect information using cookies, web beacons, tags, pixel and other similar technologies to
      record information about how you use the Website, and to facilitate log-in and payments. Cookies are
      small packets of data that a website stores on your computer’s or mobile device’s hard drive (or other
      storage medium) so that your computer will “remember” information about your use. We use both first
      and third party session cookies and persistent cookies. Below is a general primer on session and persistent
      cookies; information collected by cookies depends on its particular purpose. For more information, please
      see the information regarding analytics providers discussed further below.
    </p>
    <ul>
      <li>
        <strong>Session Cookies</strong>: We use session cookies to make it easier for you to navigate our Service. A
        session ID cookie expires when you close the Service.
      </li>
      <li>
        <strong>Persistent Cookies</strong>: A persistent cookie remains on your device for an extended period of time or
        until you delete it. Persistent cookies enable us to better understand how you interact with the Service and to
        provide visitors with a better and more personalized experience by retaining information about their identity and
        preferences, including but not limited to keeping them logged in even if the browser is closed.
      </li>
    </ul>
    <p>
      If you do not want us to place a cookie on your device, you may be able to turn that feature off on your
      device. You may refuse to accept cookies from the Service at any time by activating the setting on your
      browser which allows you to refuse cookies. Further information about the procedure to follow in order to
      disable cookies can be found on your Internet browser provider’s website via your help screen. You may
      wish to refer to <a
        href="https://www.allaboutcookies.org/manage-cookies/index.html"
        target="_blank"
      >
        https://www.allaboutcookies.org/manage-cookies/index.html</a> for information on commonly used browsers.
      For more information about targeting and advertising cookies and how you can opt out, you can also visit
      <a
        href="https://optout.aboutads.info"
        target="_blank"
      >https://optout.aboutads.info</a>. Please be aware
      that if cookies are disabled, not all features of the Service may operate properly or as intended.
    </p>
    <h3>Third-Party Analytics Providers</h3>
    <p>
      We use one or more third–party analytics Service to evaluate your use of the Service, as the case may be,
      by compiling reports on activity (based on their collection of IP addresses, Internet service provider,
      browser type, operating system and language, referring and exit pages and URLs, data and time, amount
      of time spent on particular pages, what sections of the Service you visit, number of links clicked, search
      terms and other similar usage data) and analyzing performance metrics. These third parties use cookies
      and other technologies to help collect, analyze, and provide us reports or other data.
    </p>
    <p>
      By accessing and using the Service, you consent to the processing of data about you by these analytics
      providers in the manner and for the purposes set out in this Privacy Notice. For more information on these
      third parties, including how to opt out from certain data collection, please visit the sites below. Please be
      advised that if you opt out of any service, you may not be able to use the full functionality of the Service.
    </p>
    <ul>
      <li>
        For Google Analytics, visit: <a
          href="https://marketingplatform.google.com/about/analytics/"
          target="_blank"
        >https://marketingplatform.google.com/about/analytics/</a>
      </li>
      <li>
        For Amplitude, visit: <a
          href="https://amplitude.com/privacy"
          target="_blank"
        >https://amplitude.com/privacy</a>
      </li>
    </ul>
    <h3>Third-Party Advertisers/Remarketers</h3>
    <p>
      We may share or receive information about you with/from third parties, including, but not limited to,
      advertising and remarketing providers, or similar partners, for purposes of personalizing or otherwise
      understanding how you engage with ads or other content. These third parties may use cookies, pixel tags,
      or other technologies to collect information in furtherance of such purposes, including to tailor, target
      (i.e., behavioral, contextual, retargeting, and remarketing), analyze, report on, and/or manage advertising
      campaigns or other initiatives. For example, when a browser visits a site, pixel tags enable us and these
      third-parties to recognize certain cookies stored within the browser to learn which ads or other content
      bring a user to a given site. Information that we may receive from these third-parties, including through
      their service providers, may include advertising identifiers, IP addresses, reports, and campaign data.
    </p>
    <p>
      By accessing and using the Service, you consent to the processing of data about you by these
      advertisers/remarketing providers in the manner and for the purposes set out in this Privacy Notice.
    </p>
    <p>
      For more information on our advertising partner Google AdMob, please visit <a
        href="https://policies.google.com/privacy?hl=en"
        target="_blank"
      >https://policies.google.com/privacy?hl=en</a>.
    </p>
    <h3>Geolocation Information</h3>
    <p>
      We may, with your consent, automatically collect geolocation information from your device via your
      browser’s location Service. This consent may be provided by you on the device level (e.g., you have
      consented to location Service generally through your browser’s settings) or by accepting our request for
      geolocation access on the Service. Please consult your browser’s documentation regarding how to turn off
      location Service. If you disable location Service, you may not be able to use the full array of features and
      functionalities available through our Service.
    </p>
    <h3>Aggregate and De-identified Data</h3>
    <p>
      In an ongoing effort to better understand our users and the Service, we might analyze your information in
      aggregate and/or de-identified form to operate, maintain, manage, and improve the Service. We may
      share this aggregate or de-identified data with our affiliates, agents, and business partners. We may also
      disclose aggregated or de-identified user statistics to describe the Service to current and prospective
      business partners and to other third parties for other lawful purposes.
    </p>
    <h3>Onward Transfer to Third Parties</h3>
    <ul>
      <li>
        Like many businesses, we hire other companies to perform certain business-related services. We
        may disclose personal information to certain types of third party companies but only to the extent
        needed to enable them to provide such service. The types of companies that may receive personal
        information   and   their   functions   are:   hosting   service,   technical   assistance,   database
        management/back-up service, use analytics, marketing, and customer service.
      </li>
      <li>
        To provide our Service and administer promotional programs, we may share your personal
        information   with   our   third-party   promotional   and   marketing   partners,   including,   without
        limitation, businesses participating in our various programs.
      </li>
      <li>
        We may also disclose personal information to our parent companies, subsidiaries, affiliates, joint
        ventures, or other companies under common control to support the marketing and sale of our
        products and Service.
      </li>
    </ul>
    <h3>Business Transfers</h3>
    <p>
      In the event of a merger, dissolution, reorganization or similar corporate event, or the sale of all or
      substantially all of our assets, we expect that the information that we have collected, including personal
      information, would be transferred to the surviving entity in a merger or the acquiring entity. All such
      transfers shall be subject to our commitments with respect to the privacy and confidentiality of such
      personal information as set forth in this Privacy Notice. This Notice shall be binding upon HabitRPG and
      its legal successors in interest.
    </p>
    <h3>Disclosure to Public Authorities</h3>
    <p>
      We are required to disclose personal information in response to lawful requests by public authorities,
      including for the purpose of meeting national security or law enforcement requirements. We may also
      disclose personal information to other third parties when compelled to do so by government authorities or
      required by law or regulation including, but not limited to, in response to court orders and subpoenas.
    </p>
    <h2>UPDATES AND OPT-OUTS</h2>
    <p>
      On the website:<br>You can update your user profile on the Website by clicking the avatar box in the
      upper left hand corner of the browser window, or by going to “Settings” and then selecting the “Profile”
      option in the menu.
    </p>
    <p>
      You can fully delete or reset your account via the “Settings” option on the Website.
    </p>
    <p>
      On the mobile apps for iOS Versions 3.4.3 and Android versions 3.4.1.1 and below:
      You can update your user profile on the mobile apps by tapping the Settings gear in the menu and then
      selecting the “Profile” option.
    </p>
    <p>
      You can fully delete or reset your account on the mobile apps by tapping the Settings gear in the menu
      and then selecting the “Authentication” option.
    </p>
    <p>
      If you would like us to fully delete your account and all data associated with it, please email us at
      admin@habitica and we will handle your request within 30 days.
    </p>
    <p>
      You may opt out at any time from the use of your personal information for direct marketing purposes by
      emailing the instructions to <a href="mailto:admin@habitica.com">admin@habitica.com</a> or by clicking
      on the “Unsubscribe” link located on the bottom of any HabitRPG marketing email and following the
      instructions found on the page to which the link takes you. Please allow us a reasonable time to process
      your request. You cannot opt out of receiving transactional e-mails related to the Service.
    </p>
    <h2>HOW WE PROTECT YOUR INFORMATION</h2>
    <p>
      HabitRPG takes very seriously the security and privacy of the personal information that it collects
      pursuant to this Privacy Notice. Accordingly, we implement reasonable security measures designed to
      protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and
      destruction, taking into account the risks involved in processing and the nature of such data, and to
      comply with applicable laws and regulations. Please understand, however, that no security system is
      impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with
      which we may share your information (as permitted herein), nor can we guarantee that the information
      you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to
      us may not be secure, and you should therefore take special care in deciding what information you send to
      us via e-mail.
    </p>
    <h2>CHILDREN</h2>
    <p>
      The Service are intended for users 13 years or older; you are not permitted to access or use the Service if
      you are younger than 13. We do not knowingly collect personal information from children under the age
      of 13 through the Service. If you are under 13, please do not give us any personal information. We
      encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our
      Privacy Notice by instructing their children to never provide personal information without their
      permission. If you have reason to believe that a child under the age of 13 has provided personal
      information to us, please contact us at admin@habitica.com, and we will endeavor to delete that
      information from our databases.
    </p>
    <h2>IMPORTANT NOTICE TO ALL NON-US RESIDENTS</h2>
    <p>
      Our servers are located in the US. Please be aware that your information may be transferred to, processed,
      maintained, and used on computers, servers, and systems located outside of your state, province, country,
      or other governmental jurisdiction where the privacy laws may not be as protective as those in your
      country of origin. If you are located outside the United States and choose to use the Service, you do so at
      your own risk.
    </p>
    <h2>CALIFORNIA PRIVACY RIGHTS</h2>
    <p>
      Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain
      certain information about the types of personal information that companies with whom they have an
      established business relationship (and that are not otherwise exempt) have shared with third parties for
      direct marketing purposes during the preceding calendar year, including the names and addresses of those
      third parties, and examples of the types of Service or products marketed by those third parties. If you wish
      to submit a request pursuant to Section 1798.83, please contact HabitRPG via email at
      <a href="mailto:admin@habitica.com">admin@habitica.com</a>.
    </p>
    <h2>NEVADA PRIVACY RIGHTS</h2>
    <p>
      If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to
      third parties. You can exercise this right by contacting us at admin@habitica.com with the subject line
      “Nevada Do Not Sell Request” and providing us with your name and the email address associated with
      your account.
    </p>
    <h2>DO NOT TRACK</h2>
    <p>
      HabitRPG does not respond to “Do Not Track” settings or other related mechanisms on our Website at
      this time.
    </p>
    <h2>LINKS TO EXTERNAL WEBSITES</h2>
    <p>
      The Service may contain links to third-party websites (“<span style="text-decoration: underline;">External
        Sites</span>”). HabitRPG has no control over the privacy practices or the content of any such External Sites.
      As such, we are not responsible for the content or the privacy policies of such External Sites. You should
      check the applicable privacy notice or privacy policy and terms of use when visiting any such External Sites.
    </p>
    <h2>CHANGES TO THIS PRIVACY NOTICE</h2>
    <p>
      This Privacy Notice is effective as of the last updated date stated at the top of this Privacy Notice. We
      may change this Privacy Notice from time to time with or without notice to you. By accessing the Service
      after we make any such changes to this Privacy Notice, you are deemed to have accepted such changes.
      Please be aware that, to the extent permitted by applicable law, our use of the information collected is
      governed by the Privacy Notice in effect at the time we collect the information. Please refer back to this
      Privacy Notice on a regular basis.
    </p>
    <h2>HOW TO CONTACT US</h2>
    <p>
      If you have questions about this Privacy Notice, please e-mail us at <a href="mailto:admin@habitica.com">
        admin@habitica.com</a> with “Privacy Notice” in the subject line.
    </p>
    <address>
      <strong>HabitRPG, Inc.</strong>
      <br>202 Bicknell Ave., Ground Floor
      <br>Santa Monica, CA 90405
      <br>Email&colon;&nbsp;
      <a href="mailto:admin@habitica.com">admin@habitica.com</a>
    </address>
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