Midway Privacy Policy

Midway Home Entertainment Inc.’s Online Privacy Policy (August 11, 2005)


This Privacy Policy applies only to the web sites of Midway Home Entertainment Inc. and its affiliates (“Midway”) on which it is posted, including Midway.com (the “Web Sites”). This Privacy Policy does not apply to information that may be collected by Midway at other web sites or in other medium, including information you send to us voluntarily by electronic mail, or that you provide to us offline. As a courtesy to you, the Web Sites may link to third party Web sites, which sites are beyond our ownership and control and we cannot guarantee that those third parties’ privacy practices comply with the standards outlined in this privacy policy, or the information collection standards of the Entertainment Software Ratings Board. We strongly recommend that you read the privacy policy of every Web site you visit before using that site, or sharing personally identifiable information with the site operator.

This policy is effective as of August 11, 2005. If we make a material change to this Privacy Policy that will impact how we use or store personal information we have collected from you on these Web Sites, we will notify you by using the contact information you have provided to us. We will also post updated versions of this Privacy Policy to these Web Sites. Please check back from time to time to ensure that you are aware of the most recent version of our Privacy Policy.

This Privacy Policy and the certification seal, located at the upper left hand corner of the screen, confirm that Midway is a valid licensee and participating member in the Entertainment Software Rating Board’s Privacy Online Program: ESRB Privacy Online. We have voluntarily undertaken this privacy initiative and the Web Sites have been reviewed and certified by ESRB Privacy Online to meet established information collection and use practices. As part of this privacy program, we are subject to frequent audits of the Web Sites and other enforcement and accountability mechanisms administered independently by ESRB.

Personal Information and Purposes and Disclosure

Midway allows Web Site visitors to sign up to receive electronic newsletters at the Web Sites, and to participate in online contests and sweepstakes. We may offer fan clubs, chat rooms, interactive forums, and other premium content in the future. In order for visitors to participate in these features, Midway collects personal information such as your date of birth, name, e-mail address, phone number, or home address. In some cases, if you do not provide the requested information, we will not be able to provide you the products or services you are requesting (e.g., we can’t send you a newsletter if you don’t give us your e-mail address). In some cases, you may be given the opportunity to provide demographic information such as your gender, your hobbies, your household income, your employment status, your ZIP/postal code, the types of games you prefer to play, game platforms you own, and other gaming-related preferences.

The required information we collect is used by Midway to improve our products and the services that we provide to you. For example, if you provide us with your e-mail address, we will send you important messages such as message board notifications, personalized newsletters, other special news and opportunities from Midway. The voluntary information is used to better tailor our communications and services to your interests. If you do not provide voluntary information, you may not be able to participate in certain features. If this is the case, you will be notified at the time you provide (or do not provide) such information. In some instances, you may be given the option to have your information used for an activity or service different from the activity or service that you are requesting (e.g., have your name entered into a contest when registering for our newsletter). If you choose to participate in these additional activities, we will use your information for such activities as well.

We may share information you have provided with our affiliates, vendors, and with select business partners who may wish to send you information in which we believe you may be interested. In some case, your information may be shared with our affiliates, vendors, and with select business partners, located outside of your country of residence. You have the option to tell us when you register, or later on, whether or not you want your information shared with such business partners. Regardless of whether you elect not to have your personal information shared, you understand that Midway may disclose your personal information in the good faith belief that we are required to do so by law, including but not limited to disclosure to law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or us to legal liability. In addition, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, Midway’s customer information may be transferred to our successor or assign. Midway may provide non-identifiable information to third parties on an aggregate basis. Midway requires any vendor or third party that has access to the personal information we have collected at the Sites to comply with this Privacy Policy and to safeguard your personal information.

When you enter our Web Sites, our server logs non-personal information about you such as browser, operating system, Internet provider, and connection speed. This information, as well as keeping record of the number of people who visit the Sites and where they visit the most, helps us keep the Sites technologically compatible and entertaining to all our visitors. Additionally, Midway may use cookies in some areas to verify your login information, and to optionally store your password in your browser so that you do not need to type it in each time you visit the Sites. Midway may also use outside agencies to place advertisements on the Web Sites. These ads may contain cookies. Midway may not have access to the information obtained from those cookies.

E-mails sent to subscribers of our newsletter may contain web beacons (clear GIFs or web bugs). Web beacons allow us to monitor our users’ readership levels so that we can identify aggregate trends and individual usage to provide our customers more relevant content or offers. For example, web beacons may recognize activities such as when the e-mail was opened, how many times a message was forwarded, which URLs were clicked, some information about the message in which the URL was found, and the actions taken by a visitor on the Web Sites after clicking on a URL in the e-mail.

Your Choices

We will give you the opportunity to “opt-out” of having your personal information sent to third parties at the time you provide that information. If you “opted-in” originally, but later want to opt-out, you may do so at any time by sending an e-mail message from the address you used when registering with Midway to optout@midway.com and a request that we not share your information with our business partners.

If you decide that you no longer wish for Midway to retain the information you have provided to it, simply send an e-mail message from the address you used when registering on the Web Sites to optout@midway.com and a request to terminate your account.

You may contact us to see what information we may have about you at privacypolicy@midway.com. At that time, you may be asked for personal identifying information such as address, zip code, date of birth and telephone number. This information is necessary to proceed with your request and will be used for authentication purposes only. Upon authentication, we will provide you with all of your information for your review. You may instruct Midway to revise, update or delete any and all of your information in our files and we will abide by your instructions.

How to Reach Midway and the ESRB

You may contact Midway about this privacy policy or our privacy practices in general by email at privacypolicy@midway.com , or by regular mail to Webmaster, Midway Amusement Games LLC., 2704 West Roscoe Street, Chicago, IL 60618. Although we strive to respond to your concerns, we recognize that there may be some instances where you may want additional help. In such cases, you should contact ESRB Privacy Online directly at (212) 759-0700 or by regular mail at 317 Madison Avenue, 22nd Floor, New York, NY 10017.

Site Security

Midway has reasonable security measures in place to protect against the loss, misuse and alteration of the information under their control. For example, we use standard server security to help prevent an intruder from retrieving personal information about the Sites’ users.

Children and the Web Sites

It is Midway’s policy not to collect information from children 12 or younger at the Sites, and Midway employs industry standard technical measures to prevent children from providing us with any personally identifiable information. Children 12 and under may still surf the Sites, and may see many links to other web sites while doing so. While Midway makes efforts to insure that these links to other sites contain material appropriate for all of our visitors, we urge parents of those visitors 12 years old and younger to supervise their children’s Internet usage. Children from the ages of 13 to 17 are able to participate at the Web Sites. We strongly urge these parents to monitor their children’s Internet usage, and to actively participate in the selection of web sites their children visit.