OUR PRIVACY POLICY
Last Updated October 9, 2024
At Imagine Island, we are committed to creating a safe and imaginative online experience for the next generation of Gamers. This Privacy Notice explains how we at Magic Potion Games, Inc. dba Imagine Island (or “Imagine Island”) treat the information we collect, use, and disclose, and it describes privacy controls that can help keep you safe and control your information online as well as privacy rights that might be available to you.
This Privacy Notice applies to games played on our platform or applications or via Steam (our “Games”), imagineisland.game and other websites we own or operate channels (collectively, the “Site”), and your interactions with us in any manner (together the “Services”). This Privacy Notice is governed by and part of our Terms of Use. Note that this Privacy Notice only applies to Imagine Island.
We are proud to serve gamers interacting with our Services (“Gamers”) located around the world, and we design our Services to align with applicable privacy standards, with special attention to the laws in place to protect children. Gamers and their parents/legal guardians (“Grownups”) are encouraged to read this Privacy Notice carefully to understand our privacy practices.
We may provide additional notices about our privacy practices, each of which will be considered to form part of this Privacy Notice. If we make material changes to how we treat your Personal Information, we will post the revised Privacy Notice on this page and notify you in another manner before the changes take effect. Your continued use of our Services after we make changes is deemed to be your acceptance of those changes. If you have questions about our privacy practices or would like to make a complaint, please email privacy@imagineisland.game.
1. Imagine Island is for Kids!
We are committed to making the safest and most fun social gaming experiences for kids. We strive to provide a virtual world where kids can be kids and that parents can trust. We encourage younger Gamers to read this list of important tips to help them safely enjoy our Games:
- If you are under 18 years old and wish to play our games, please ask your Grownups for permission and help creating your account.
- Be sure to ask your Grownups to read this Privacy Notice and explain it to you before you create your account or play our games.
- We collect your name and age before you can play our games.
- You need an account to play our games. Do not share your username or password with anyone other than your parent or guardian. You must always provide us with truthful information.
- Your Grownups have to give permission for you to chat with other Gamers or post comments on blog posts.
- Imagine Island has community rules in place to keep you safe online. You must follow our community rules to play our games.
- We won’t sell your information or share it with other companies so they can try to sell you stuff.
- We will delete your information if you ask us to. Just ask!
- You and your Grownups can learn more about privacy and your options to control your information by reading about your Privacy Controls.
If we make material changes to how we treat your Personal Information, we will post the revised Privacy Notice on this page or notify you in another manner before the changes take effect Your continued use of our Services after we make changes is deemed to be your acceptance of those changes.
2. Defining "Personal Information”:
When we say, “Personal Information,” we mean information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual consumer or household. Below is a list of categories of Personal Information and examples from each category (these are examples only; we won’t collect all of this information):
- Identifiers (e.g., name, email, telephone username);
- Sensitive Personal Information (e.g., contents of messages when we are not the recipient; in some cases, information about a child; race, citizenship, and other legally protected information);
- Commercial information (e.g., products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies);
- Internet or other similar activity (e.g., browsing history; content interactions);
- Biometrics or bodily information that is capable of or used to uniquely identify an individual;
- Employment-related information (e.g., current or past employment);
- Non-public educational information, including information protected under the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99); and
- Inferences drawn from Personal Information to create a profile about preferences, characteristics, trends, predispositions, behavior, attitudes, intelligence, and aptitudes.
Note that information we process may not be protected by privacy laws if it is publicly available, aggregated (data about a group or category of individuals from which Personal Information has been removed), or deidentified so that it cannot be easily linked back to the individual.
3. Protecting Children's Privacy
Our Games are designed for Gamers under the age of 13. Imagine Island works with k-ID to verify parental consent for each Gamer, help Grownups engage with the Gamer’s experience on our Services, and configure our Services for an age-appropriate experience each Gamer. A Gamer’s access to account features and Games is configured based on the Gamer’s age and their Grownup’s consent and permissions. Grownups can adjust permissions and settings to filter which Games and features are shown as available to the Gamer. You and your Grownup are responsible for inputting your accurate age and other information to the k-ID verification process and our Services.
We will not knowingly collect any Personal Information from children (with the exception of a Grownup’s email for parental consent purposes) without first obtaining legally required consent from their Grownup. If we discover that a child has provided us with Personal Information without legally required consent from their Grownup, we will delete that information from our systems. If we learn that a Gamer has registered under an inaccurate age or that a child has provided us with Personal Information without legally required consent, we will delete any Personal Information we have collected from them, unless we have a legal obligation to keep it, and terminate the child’s account. If you become aware of any unauthorized submission of information to us, please email privacy@imagineisland.game.
GROWNUPS are responsible for monitoring their GAMER’S account registration and gameplay. Gamers should always check with a Grownup before sharing information online, and we encourage families to discuss guidelines regarding the online sharing of Personal Information. We encourage Grownups to familiarize themselves with the safety features and controls available on the Services and to monitor their children when they are playing games online.
4. Sources and Categories of Personal Information
This section explains why and how we collect and use your Personal Information.
The sources from which we collect our Personal Information and how we use it depends on which Services you use and how you interact with us:
a. Gamer Accounts. We collect Personal Information when you register and create your Gamer account.
- If you try to interact with the Site or play a Game, you will be prompted to Create an Account. Ask your Grownup for permission and help.
- To Create an Account, you must provide your name, a username, and a password and you must agree to our Terms of Use and this Privacy Notice.
- If your username is accepted, you will then be asked to share your age. GAMERS must provide THEIR real age.
- If the law where you live does not consider you to be an adult, the Services will instruct you to have your Grownup provide verified consent. k-ID will use your device’s IP address to determine your location and information to verify your Grownup’s consent as described in k-ID’s Privacy Policy.
- Your Grownup must provide verified consent via k-ID to create your account and play our Games. Your Grownup can provide verified consent by scanning a QR code, going directly to k-ID, or providing their email address to receive an email invitation.
- k-ID will confirm the consent of the Gamer’s Grownup. Any Personal Information you submit to k-ID for consent purposes will be processed by k-ID according to their privacy practices.
- If you are old enough to Create an Account without your Grownup’s permission, we will collect your email address so you can complete the account creation process.
This information is collected and used with your consent and through your agreement to our Terms of Use.
b. Guest Accounts. While you wait for your Grownups to approve your Account, you can play our Games as a guest.
- Guest accounts do not collect Personal Data and may have limited access to Games.
- Guest accounts are deleted after 14 days, or you can ask Imagine Island to delete your guest account by contacting privacy@imagineisland.game.
Personal Information is collected and used for Guest Accounts with consent and through the Gamer’s agreement to our Terms of Use.
Gameplay. When you play our Games, we will collect gameplay data to facilitate your gameplay and detect and observe behaviors that violate our terms and conditions.
- We randomly-generate a technical identifier associated with your gameplay for analytics and communication between Game functionalities to track your Game progress and success and to facilitate your use of the Services.
- Through the Game, we collect IP address, language, locomotion data, bugs and performance data, and data related to your game progress.
- We collect aggregated analytics in a deidentified or aggregated format, so the data is not linked to Personal Information. We use this data to understand how Gamers use and enjoy the Services.
- Imagine Island does not collect precise geolocation.
- We do not collect Personal Information that tracks Gamers for targeted advertising.
- Gameplay data may also be used for our legitimate interest of improving the Services, to support a fair gaming environment, and for the security of the Services.
We collect and use this Personal Information to provide you with the Services under our Terms of Use and to achieve our interests in monitoring, analyzing, and improving the Services.
c. Chats and Blog Posts. Our Services allow Gamers to participate in online chats and other interactive features depending on region-specific age laws and permissions granted by the Gamer’s Grownups.
- Gamers can engage in text chat conversations and play games with each other. They can also post comments and questions to our blog posts with appropriate permissions.
- Grownups can manage chat permissions through k-ID or through the Parent Tools available on Imagine Island. All chats are public. There are no private chats or direct message features on the Services.
- Imagine Island moderates Gamer interactions and usernames through a Microsoft tool called Community Sift.
- Gamers can post comments to our blog posts if they are logged into a verified account on the Services. All comments are manually approved by us before they are viewable by others.
Personal Information is collected and used for chats and blog post comments with consent as provided via the Grownup’s selections under Parent Tools and the Gamer’s use of those features.
d. Customer Support. If you contact us to inquire about our games, request support, or for any other reason, we will use your Personal Information with your consent to respond to your inquiry.
- We will collect your name, email, and other information you voluntarily provide. We collect this information with your consent and for our legitimate interest of providing customer support for the Services. We will use this information to help provide support to you in relation to your support request. Customer support data is deleted after 18 months, except that any customer support data collected from a child under 13 is deleted immediately after addressing the support request.
- If you Contact Us through our Site, we will collect your name, email address, and your message to us. You provide this information voluntarily and we use it to respond to your inquiries.
- If you report a bug in one of our Games, we will collect your Gamer ID and your bug report information. We use this information to improve the Services.
- Additionally, if you submit a Privacy Request to Imagine Island, we may collect your email address, transaction history, login history, and other information to verify your identity and process your request.
e. Our Mailing Lists. Imagine Island will send you emails with your consent.
- When you opt-in to our email list you will provide your email address. We will send you updates and information about our Services via an email listserv provider.
- You can unsubscribe from future messages by clicking the Unsubscribe link provided in our email messages.
- From time to time, we may ask Gamers to complete online surveys or offer the chance to participate in a giveaway. If you choose to complete a survey or enter a giveaway, we will collect your Gamer ID and your survey responses.
f. Your Payments
- If you subscribe to paid games or features on the Site, a Grownup must provide payment card information to pay the subscription fee or make other purchases. This information may include name, email, billing address, credit card, or other information.
- We use PCI-DSS compliant payment processors to process all subscription payments and other purchases.
- Imagine Island does not collect or maintain any payment information.
Payment information is processed via our payment processor with your consent when you make the purchase and pursuant to our Terms of Use.
g. Site Visits. We may automatically collect technical data about your device and Site visit through cookies or pixels on the Site to achieve our interests in monitoring, analyzing, and improving the Services. Imagine Island configures cookies on the Site to align with children’s privacy standards. The information we collect may include:
- Device information (e.g., IP address, operating system, browser type, device ID, language, mobile network information, caller ID);
- Site usage details (e.g., content engagement, transactions, traffic data, and the features or resources you access and use);
- Stored information (e.g., metadata); and
- Generalized geolocation.
We use cookies to collect this information and analyze it. Essential cookies are required to load webpages, authenticate Gamers at login, and manage user sessions. We use Google Analytics or other cookies to collect and analyze this data. Imagine Island does not currently use marketing or security cookies on the Site. You can change the cookie settings on your device or install a third-party cookie plug-in to block certain cookies or alert when the Site attempts to install a cookie on your device. You can also delete cookies that load to your device.
Imagine Island uses the Personal Information we collect to achieve the purposes stated at the time of collection or described above. Additionally, we may use your Personal Information to:
- Monitor your compliance with any of your contracts with us.
- Protect your or others’ privacy and enforce this Privacy Notice.
- If we believe it is necessary, identify, contact, or bring legal action against persons or entities who may be causing injury to you, to us, or to others.
- Comply with a law, regulation, legal process, or court order.
- Fulfill any other purpose to which you consent.
5. Retaining Personal Information
Imagine Island retains Personal Information only as long as we need it as set forth below:
- Guest accounts and all associated data are deleted 14 days after creation.
- Gamer account data is retained unless or until the Gamer or their Grownup requests the account or data to be deleted or we deactivate or delete the account for any reason.
- Customer support data is retained for 18 months unless we need it for your request, except that customer support data collected from a child under 13 is deleted immediately after addressing the support request.
- Privacy Request information is retained for two years or as otherwise required by law.
- Survey responses and information related to contests and giveaways are stored for up to one year following the reason for collection.
- Data collected by cookies and related technologies is retained for 30 days.
When these time periods expire, or we no longer have a business need for Personal Information, we will either delete, de-identify or anonymize it whenever feasible. Where not feasible (such as data in our backup archives) we will securely store it and keep it isolated from further processing until it can be permanently deleted.
6. Disclosing Personal Information
Imagine Island discloses Personal Information to certain third parties for certain business purposes as described below. In the preceding 12 months, we have disclosed Personal Information from all categories of collection to one or more of the following recipients:
- Service Providers. We use a variety of service providers such as data hosting services, platform services, payment processors, and compliance tools that may require Personal Information to provide us with their contracted services. The type of information that we disclose to a service provider will depend on the service that they provide to us. Our service providers are subject to contractual agreements that protect your Personal Information, and we require all service providers to maintain confidentiality standards that are commercially reasonable to ensure the security of your Personal Information.
- Law enforcement or other government agencies, as permitted or required by law.
- Third-party cookie providers, like Google Analytics, subject to their respective privacy notices.
- Other Third Parties, as permitted by applicable law, for example: if we go through a business transition (e.g., merger, acquisition, or sale of a portion of our assets); to comply with a legal requirement or a court order; when we believe it is appropriate in order to take action regarding illegal activities or prevent fraud or harm to any person; to exercise or defend our legal claims; or for any other reason with your consent.
- Aggregated and Deidentified Information. We reserve the right to disclose aggregated, anonymized, or deidentified information about any individuals with nonaffiliated entities for marketing, advertising, research or other purposes, without restriction.
We may also disclose Personal Information to third parties if you give us your permission or if we are required to do so by law.
7. Privacy Controls
Gamers and their Grownups can directly control much of the Personal Information we collect and hold about them using the methods described below:
- If you need help, please email privacy@imagineisland.game.
- Emails from Us. If you opt-in to our mailing list, you may receive informational or marketing emails from Imagine Island about our Services. You can unsubscribe from receiving future emails by clicking the Unsubscribe link found in any of the emails we send you, or by contacting us at privacy@imagineisland.game to request to be removed from the mailing list.
- Device Settings. You can control the data we collect through cookies and related technologies by adjusting your device settings, installing a third-party browser plugin, or changing your cookie consents on the Site.
- Do Not Track. Do Not Track signals are signals sent through a browser informing us that you do not want to be tracked. Currently, our systems do not recognize browser “do-not-track” requests. If this changes in the future, we will update this Privacy Notice.
8. Exercising Your Privacy Rights
If you wish to exercise your rights under applicable privacy laws beyond the above-described methods, or if you want to express concerns, lodge a complaint or request information, please submit a verifiable request to privacy@imagineisland.game or through our Contact Us page. We endeavor to respond to a verifiable Privacy Request within the period required by applicable law, generally 30 to 90 days after we receive the request. If we require more time, we will notify you in writing of the reason and extension period. We will deliver our written response by mail or electronically, at your option. We do not charge a fee to process or respond to a verifiable request unless we have legal grounds to do so, such as requests that are 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. Notice of Privacy Rights:
Imagine Island currently provides the Games to Gamers residing in the United States and Canada, except for the province of Quebec. If you live outside of the United States or Canada or if you live in Quebec, you are prohibited from submitting any Personal Data to Imagine Island or playing our Games. This section provides notices related to consumer privacy laws in the jurisdictions where our Games are made available. Some of these laws may not apply to you or Imagine Island may be exempt from certain legal obligations, in which case the information in this section is offered as a courtesy.
a. United States Privacy Rights. In the United States, consumer privacy is governed by a patchwork of federal consumer protection laws and consumer privacy laws at the state level that require companies to inform consumers about their privacy rights and provide a method to exercise those rights. Below please find notices of privacy pursuant to the California Consumer Privacy Act and other state privacy laws that similarly require companies to give notice of your privacy rights.
- Right to know. Imagine Island provides the required information for a consumer’s right to know in this Privacy Notice. We may provide you with additional notices about other ways we process your Personal Information, such as by sending you a notice via email or posting information in a game.
- We don’t sell or share Personal Information. Some jurisdictions entitle consumers to opt out of the sale or sharing of their Personal Information or targeted advertising practices. Imagine Island does not sell your Personal Information or share your Personal Information with third parties for cross-contextual behavioral advertising purposes.
- We don’t collect, use, share, or retain sensitive Personal Information. Imagine Island does not collect sensitive Personal Information, and in no case will Imagine Island use or disclose sensitive Personal Information for the purpose of inferring characteristics about a consumer.
- We don’t use automated decision-making or consumer profiling. Imagine Island does not use automated decision-making or any form of automated processing of Personal Information to evaluate, analyze, or predict your performance, preferences, choices, or behavior.
- We don’t collect any health data. Imagine Island does not collect any health data. Some laws entitle consumers to certain details about health data collected about them, including (i) confirmation of whether the entity collects, shares, or sells the consumer’s health data and access that data, including a list of all third parties and affiliates with whom the entity has shared or sold the health data and a method to contact those third parties, (ii) a method to withdraw consent related to use of health data, and (iii) the right to have their health data be deleted.
- Right to reasonable expectations. You can expect Imagine Island to collect, use, or disclose your Personal Information responsibly and not for any other purpose other than as stated at the time of collection or described in this Privacy Notice. If we collect or use your Personal Information based on your consent, we will also notify you of any changes and will request your further consent as required by law. You may withdraw your consent at any time with reasonable notice by contacting privacy@imagineisland.game.
- Right to accuracy, and the right to correct your Personal Information. You can correct or update your Personal Information held by Imagine Island by contacting privacy@imagineisland.game. We will update our records to reflect your accurate information.
- Right to access your Personal Information. Imagine Island will provide you with a copy of your Personal Information held by us upon your request and where required by law, along with details about the types of Personal Information we process, why we process it, and any third parties we work with to collect Personal Information on our behalf. Certain laws may limit the scope or frequency of requests we must fulfill.
- Right to deletion. Upon your request and when required by law, we will delete your Personal Information (or, if you are a Grownup, your child’s Personal Information) from our systems. In some circumstances, we may be entitled to retain and process your Personal Information despite your request.
- Right to data portability. In some cases, we are required to provide your Personal Information to another organization at your request and in a structured, commonly used machine-readable format, so that the other organization can read and use it.
- Right to non-discrimination. If you reside in a jurisdiction that extends a right to non-discrimination related to the exercise of privacy rights, we will not (i) deny you goods or services, (ii) charge you different prices or rates for goods or services, (iii) provide you a different level or quality of goods or services, (iv) retaliate against you as an employee, applicant for employment, or independent contractor; or (v) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services, because you exercised your statutory right unless permitted by law.
- Right to disclosure of certain information. Some privacy laws give consumers a right to request information about how we collect and use your Personal Information, such as (i) the categories of Personal Information we have collected about you; (ii) the categories of sources for the Personal Information we have collected about you; (iii) our business purpose for collecting, using, disclosing, or selling that Personal Information, as applicable; and (iv) the categories of third parties with whom we disclose that Personal Information. Please note that Imagine Island does not sell or share Personal Information.
- Right to restrict processing. You may have the right to request that we restrict the processing of your Personal Information if (i) the data is inaccurate, (ii) the processing is unlawful, (iii) we no longer need the Personal Information, or (iv) you exercise your right to object. Your right to restrict may be limited to Personal Information that is sensitive in nature, or that is sold or shared for certain purposes.
- Right to object. You may have the right to request, under certain circumstances and where we are required to do so by law, that we limit our processing of your Personal Information as you request.
- Right to disclosure of marketing information. If you are a resident of the State of California, California’s Shine the Light Act (Civil Code sections 1798.83-1798.84) entitles California consumers to request certain disclosures regarding Personal Information sharing with affiliates and/or third parties for marketing purposes.
b. Canadian Privacy Rights. This section provides supplemental information in compliance with Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”). The notices below only apply to residents of Canada where PIPEDA applies (“Canadian Consumers”). PIPEDA gives Canadian Consumers specific rights regarding Personal Information offering details on an identifiable person without the inclusion of name, title, telephone number and business address of an employee of a business or organization. The following paragraphs describe PIPEDA rights and explain how to exercise those rights.
- Right to know why we collect, use, and distribute the Personal Information we process. We have set the required notices in this Privacy Notice. We may provide you with additional notices about other ways we process your Personal Information, such as by sending you a notice via email or by other means of communication.
- Right to expect us to collect, use or disclose Personal Information responsibly and not for any other purpose other than which you consented. We set your expectations in this Privacy Notice and collect express or implied consent at various stages of collection or processing. If we collect or use your Personal Information based on your consent, we will also notify you of any changes and will request your further consent as needed. You may withdraw your consent at any time with reasonable notice by contacting privacy@imagineisland.game.
- Right to accuracy of your Personal Information. We take steps to reasonably ensure that your Personal Information we are using is accurate. In most cases, we rely on you to ensure that your information is current, complete and accurate. We provide methods for you to correct, update, and delete inaccurate Personal Information in your account, and we will provide you with reasonable assistance to ensure that your Personal Information is accurate in our systems and with our service providers.
- Right to access your Personal Information. Upon written request and identity authentication, we will provide you with your Personal Information under our control, information about the ways in which that information is being used and a description of the individuals and organizations to whom that information has been disclosed. We will make the information available within 30 days or provide written notice where additional time is required to fulfil the request. If limited by law or potential infringement on another’s privacy rights, we may not be able to provide access to some or all of the Personal Information you request. If we must refuse an access request, we will notify you in writing, document the reasons for refusal and outline further steps that are available to you.
Canadian Consumers may exercise the above rights over their Personal Information by submitting a verifiable request as instructed under Your Privacy Controls, subject to our receipt of a verifiable request, as well as any exceptions and limitations that may apply. We try to respond to requests from Canadian Consumers within 30 days of receipt unless we have a valid reason for delay, in which case we may take an additional 30 days to respond.
c. Notices for Consumers in Mexico. Grownup’s consent is required for Gamers in Mexico who are under the age of 18. The type of Personal Information we use, purpose of processing, and cookie information is listed above in this Privacy Notice. In general, we do not require your consent to transfer your Personal Information. By using the Services and providing us with your Personal Information, you agree to the data transfers detailed in this Privacy Notice that require your consent. The above descriptions of privacy rights to access, rectification, erasure, and object apply to residents of Mexico, as does the right to restrict processing to storage only (which includes the limitation to the use and disclosure of your Personal Information), and advertising. You also have the right to revoke the consent that you have provided us to process your Personal Information. This Privacy Notice is available in Spanish upon request. In case of dispute, the Spanish version of this Privacy Policy shall prevail. To exercise any of your rights, contact privacy@imagineisland.game. INTERNATIONAL DATA TRANSFERS:
Imagine Island is owned and operated in the United States. If you access the Services from outside the United States, the Personal Information we collect about you may be transferred outside of your country of origin to our servers in the United States or other countries. Some countries’ laws are more restrictive than in the United States, or result in governments, courts, law enforcement, or regulatory agencies having access to or obtaining disclosure of your Personal Information pursuant to the laws of the applicable foreign jurisdiction. We are committed to transferring Personal Information using a lawful data transfer mechanism. By allowing us to collect Personal Information about you, you consent to the transfer and processing of your Personal Information as described in this paragraph. Please also note that the Services may not be available to everyone in every country.
9. Security of Personal Information
Imagine Island implements and maintains reasonable technical, organizational, and physical measures to help protect your information from unauthorized access, processing, or disclosure. We maintain internal policies to govern the collection, processing, access, and handling of data. We use technical safeguards to protect information online and stored on our systems. Please note, however, that no transmission of data over the Internet is 100% secure, and we cannot guarantee that unauthorized third parties will not defeat our security measures or use your Personal Information for improper purposes.
We encourage you to take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your login and password private. We are not responsible for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized activity.
10. Imagine Island Only
This Privacy Notice applies only to Personal Information processed by Imagine Island. We use third-party services like k-ID and Community Sift for certain important features, but we cannot guarantee that those services will function as intended. Any access to and use of linked websites is not governed by this Privacy Notice, but instead is governed by the privacy policies of those websites. We encourage you to review and understand the privacy notices of third-party websites before providing them with any information.
11. CONTACT IMAGINE ISLAND:
If you have questions or wish to exercise your privacy rights, please Contact Us or send an email to privacy@imagineisland.game.