Privacy Policy

Mountaintop Studios, Inc. (“Mountaintop,” “we” or “us”) has created this Privacy Policy to demonstrate our commitment to our users and their privacy and to communicate our information gathering and dissemination practices with regard to your use of our website www.mountaintop.gg, apps, games, platforms, software, and other services, along with their associated content, functionality, upgrades, patches, updates, and documents, regardless of how you access or use them or engage with us, including through mobile devices or offline such as by phone (collectively, the “Services”).

By accessing, using, or downloading any materials or contents from the Service, you acknowledge and agree to this Privacy Policy. Our Services are also subject to any other rules that we may post, publish, or implement during your use of a game or Services, along with our Terms of Use (www.mountaintop.gg/terms-of-use) and End User License Agreement (www.mountaintop.gg/end-user-license-agreement) (collectively, the “Terms”). If you do not agree with the Privacy Policy or the Terms, you should not use any Service.

Children

The minimum age to use our Services is 13 (unless, a certain Service of ours specifies an older age requirement, in which case, we will specify so on that particular game or Service). If you are a child under 13 years of age, Mountaintop will not knowingly collect information that can either itself identify you as an individual or that can be connected to you indirectly by linking it to other information that identifies you (“Personal Data”). Where certain countries apply a higher age of consent for the collection of Personal Data, Mountaintop requires parental consent before you can use our Services and Personal Data associated with it collected. Mountaintop highly urges parents to instruct their children to never give out personal information when online.


Information We Collect

Mountaintop collects your personal information, including information that you might consider sensitive. This may include, but is not limited to: 

  • your email address, date of birth, age, gender, telephone numbers, username, password, in-game name, IP addresses, unique device IDs, and other identifiers;

  • your preferred game settings, friends list, and any other preferences, interests, contest or other special event participation, and general demographic information; 

  • your payment method, billing details, and other payment-related information, as well as your purchase or transaction history;

  • how you use our Services (such as timestamps, clicks, scrolling, browsing times, browsing heatmaps, searches, referral/exit pages, and activity and interactions in our game, including chat logs);

  • your computer or device (such as IP addresses, unique device IDs, processing capabilities, manufacturer and model, language and other regional settings, geographic location, and screen resolution and similar settings) and details about the network and software you’re using to connect to our Services (such as browser type and version, operating system name and version, and ISP), details about any programs detected with your use of the Services, along with how the Services perform, including problems you may encounter (such as loading errors, crashes, response times, and logs);

  • your approximate location based on your IP address, technical details (like device IDs) and the fact that you’ve downloaded one of our apps or connected to our Services; 

  • your name, profile picture, gender, age range, username, language, country, your friends, your use of our fan pages, etc. to the extent they are available on the third party service you use in connection with the Services (such as Steam, Facebook, X (formerly, Twitter), or other);

  • advertising and analytics information from third parties for our marketing, advertising, and promotional purposes;

  • data analytics information for our research (and, occasionally, marketing/advertising) purposes; 

If you disclose any information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.


How We Collect Information

Mountaintop collects your information directly from you (when you visit our websites, request support, provide feedback, complete surveys, email us, post content or engage in chats on our Service (written and voice), etc.) or indirectly from your use of third party services or platforms that are linked to our Services (such as Steam, Apple Store, Facebook, etc.). We also record some of your information automatically (using technologies like cookies, voice chats, anti-cheat/anti-fraud/anti-toxicity monitoring, etc.). We may combine any or all of this information, including to enforce any of our Terms as well as for analytics and advertising purposes.

We use technologies like cookies, scripts, and servers (our own and those of our third party providers) to help us collect and store information, gain aggregate metrics on site usage, and to better understand how people are using our Services. As just a few examples, when you view our website or open our games, we may store some information on your computer's hard drive. This information will be in the form of a "Cookie."  Cookies are pieces of data that online services you use place on your device for record-keeping and identification purposes. Most web browsers automatically accept cookies, but you can change your browser to prevent that. Without accepting a cookie, your use of the Service may be affected. 

We may also use web beacons. “Web beacons” are transparent pixel images that allow online services to collect information about the ways you interact with them. Similar technologies include tags, scripts, local shared objects, local storage (e.g., HTML5), and related tools. The technologies we use may automatically collect, store, and read files on your device. They may be delivered directly by us or by third parties. 

For instructions on how to remove cookies from your hard drive, go to your browser options for detailed instructions. In addition, further information regarding cookies may be available on other websites or from your Internet service or browser provider. Please note, our Services are not presently configured to support Do Not Track (“DON’T”) signals from web browsers.

Even though we are not obligated to do so, we may directly (and indirectly through our third party service providers) monitor your use of the Services. This monitoring could be for a wide variety of different purposes, including preventing cheating and hacking, reducing toxic player behavior, improving our Services, and as we may otherwise determine in our sole discretion. For example, if your use of any particular Service requires the installation of anti-cheat software, that kind of software may run in the background of your device or even when you are not actively using a Service. 

Certain Services may also offer social features like voice and text chat. When you use these features, the information you share may be seen or overheard by others. We may collect and use the information you provide, including to enforce our Terms. In some cases, it may also be collected or used by others without your knowledge (for example, if you’re chatting with another player while they stream game play). Some information will be publicly accessible to others, such as your game statistics and performance. We may also record games in our Services, including your in-game actions, dialogue, etc., and replay or otherwise make it available to other players without further notice to you. For example, players may be allowed to watch each other play our game and we may use gameplay footage to help promote or improve the Services. We also record and store, and reserve the right (but have no obligation) to monitor voice and text chat and similar details about optional interactions for a period we determine is appropriate. We may use tools and techniques that are manual (such as, enabling a user to report misconduct to us via support tickets), automated (such as, machine learning, transcription, and analysis), or both.

Our monitoring process may involve communicating your information back to Mountaintop, such as your account name, details about any programs detected with your use of the Services, time and date, etc.  Additionally, the Services may include tools that forward information from your computer or device in the event any of those Service(s) crash (such as system and driver data). 

Third parties with whom we’ve engaged (like content providers, analytics companies, and advertising networks) may collect information from you automatically in connection with your visit. For example, if we have fan pages on other platforms or sites (like Facebook), we may receive insights and statistics about you in connection to those pages and third party sites from the operator of those pages or platforms/sites. These third parties may set their own cookies or similar tools when you access the Services in order to provide services on our behalf (like website analytics), as well as third parties that deliver content (like videos from YouTube) or offers (like ads from ad networks) contained on the Services. We may receive reports and evaluations based on such tools, on an individual or aggregate basis. 

We also use advertising companies as part of our marketing efforts. We may directly (or indirectly through those ad companies) collect and evaluate your information (such as your browsing activity and use of other Services), which may involve these companies utilizing their own cookies and similar technologies to gather information about your online activities across websites and services. Some analytics providers and ad companies offer you choices about how they collect and use info directly on their websites. You may also be able to opt out in some cases by visiting YourAdChoices.com or Optout.NetworkAdvertising.org, or if you’re located in the EU or Canada, YourOnlineChoices.eu or YourAdChoices.ca respectively. However, even if you opt out of interest-based advertising, your information can still be collected automatically on the Services as you visit or use them. Opting out may not mean you’ll stop receiving ads or that you will receive fewer ads. Instead, the advertisements you do receive will not be interest-based and, as such, you might find the advertisements to be less relevant to you.


HOW WE USE (AND SHARE) YOUR INFORMATION

Your personal information will not be distributed or shared with unrelated third parties without your knowledge, unless (a) it is to transact such business as you have contracted us to do, (b) it is required to comply with any legal processes and/or law enforcement requests, (c) as otherwise described elsewhere in this Privacy Policy (e.g., in the course of collecting information with or through third parties, etc.), or (d) it is necessary for us to conduct any business as we, in our sole subjective discretion, deem appropriate.  We also reserve the right to publish derivative works of any of the data and information we collect, but we will anonymize such works so as to not identify you. While we may delete your data at any time in accordance with our internal data retention and deletion policies, we may also keep certain information about you and your use of a Service for long as it is necessary for Mountaintop’s legitimate business interests (e.g., improvement of our products and services, research purposes, etc.), for legal reasons, and to prevent harm to you, any third party, or Mountaintop. 

We may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Mountaintop’s, or a third party’s, rights or property; (3) protect someone’s health or safety, such as when harm or violence against any person (including you) is threatened; or (4) other legal reasons. 

We may also use the information to contact you to further discuss interest in our company, the services that we provide, and to send information regarding our company or partners, such as promotions and events. 

To enable us to monitor compliance with our policies, your information may be aggregated, combined, and analyzed with other information (including, of other players) in order to decipher common patterns of inappropriate behavior (e.g. toxic or hate speech, offensive language, abuse, cheating, threats), which we may find to be indicative of prohibited behaviors. Such measures and use of your information would be necessary for us to enforce our rules and policies. For example, if another person makes a complaint about your behavior, we may use our automated tools about certain patterns of inappropriate behavior to compare your behavior as part of our determination in response to such a complaint. 

We may share your information with our third party service providers (for example, in the course of collecting information with or through third parties, as described above in “How We Collect Your Information”). 

Mountaintop also reserves the right to sell or transfer your information as part of the bankruptcy, merger, acquisition, reorganization or sale of assets of Mountaintop.  To the maximum extent allowable by law, this Privacy Policy will apply to your information as transferred to the successor entity.  However, information submitted after a transfer to a successor entity may be subject to a new privacy policy adopted by that successor entity.

Otherwise, we don’t sell your information to independent third parties. We also do not share your information to unrelated third parties for cross-context behavioral advertising. However, please note that your in-game name, game history, and statistics are viewable to others and may be shared in-game and out-of-game with players and other third parties. For example, we may share your non-contact information (like in-game name, history, stats, and other aggregate or anonymous info), including publicly via our API.

We may allow interactions with third parties on our Services. However, this Privacy Policy does not apply to any third parties that we do not own, control, or instruct. Therefore, we do not guarantee that independent third parties adhere to the same policies and practices as Mountaintop. Please make sure to read their respective policies before using third party services, links, sites, or other content that may be shown on our Service, as you will be sharing information with them. 

For example, if you click on links to external websites or services that are operated by third parties on our Service, they may collect, use, and share your information according to their own policies (not Mountaintop’s). Having a link to or from a third party on our Service doesn’t mean that Mountaintop has verified or endorsed that third party or its practices. As another example, if we use interfaces that allow you to interact with third party websites, applications, or similar services during your visit or use of our Service (such as when you link your Xbox profile to our game, click a Facebook “Like” button, and other widgets), those features may collect information about your interactions with them and our Services. They may use technologies like cookies. How those third party operators process and control the information they collect from you is controlled by their own privacy policies (not Mountaintop’s). So, please remember to contact those third parties directly (and not Mountaintop) if you have any questions or concerns about their practices.


INTERNATIONAL TRANSFERS 

When you use a Service, your information may be processed anywhere that Mountaintop or its associates do business, including the United States. We may also need to transfer your information to provide the Services to you in accordance with the Terms. This means, your information may be transferred to or stored in locations outside your country of residence. While Mountaintop does require its associates to take adequate technical and organizational measures for the security of your personal information, the different countries in which your information is processed may not have the same data protection laws as the country you provided the information.  When we transfer your information to the United States, we will abide by this Privacy Policy.  By using our Services, however, you acknowledge that we may transfer your information to (and process it in) countries outside of your country of residence, each of which may have different privacy rules than your country.

For example, if you are a data in the European Union or United Kingdom and your personal information is shared with our affiliates, partners, or third-party service providers acting on our behalf outside of those regions, then it is done with necessary means to ensure an adequate level of protection. For personal data that is subject to General Data Protective Regulation 2016/679 (“GDPR”), we rely on several legal bases to use and process your personal data, which include: 

  1. when you have given consent, which you may withdraw at any time by contacting us via email at contact@mountaintop.gg (if you withdraw your consent (including for marketing purposes), it does not affect the lawfulness of what we did up until that point); 

  2. when data processing is necessary to perform a contract with you, such as the Terms, and 

  3. our legitimate business interests, such as improving and personalizing the Services, marketing new features or products that may be of interest to you, and promoting safety and security of the Service and our users.

When we transfer personal information from the European Union or United Kingdom to our service providers and affiliates in the United States, we rely on approved transfer mechanisms, including standard contract clauses approved by the European Commission.  


YOUR RIGHTS AND CONTROLS

The data protection laws of the European Economic Area (“EEA”), United Kingdom (“UK”), California, and other territories grant their residents certain rights in relation to their personal information. (When we talk about the GDPR, we mean the version of the GDPR that may apply to you if you are a resident in the EU or UK). 

(a) ONLY FOR USERS IN DESIGNATED REGIONS. If you live in the EEA, UK, or Switzerland (each, a “DesignatedRegion”) and you are using our website, we provide several tools on the website regarding your information collected on our website, as discussed below. These tools are not available for the information we collect outside of our website and through our other Services (e.g., games, etc.). If you wish to take any of the actions below in relation to the information we collect through our other Services, please email us at contact@mountaintop.gg: 

  • Accessing Data.  You may access your personal information on our in-game “Settings” or signing into your account. From there you can correct or modify your information.

  • Exporting Data.  By going into your in-game “Settlings” or logging into your account, you may access your personal information and you can also download your personal information in a common file format.  

  • Deleting Data.  You can change or delete your personal information in your “Settings”.  Additionally, you may delete your account.  We will use commercially reasonable efforts to honor your requests for deletion, but certain information will actively persist on the Services, even if you close your account, like messages you posted.  Also, personal information may remain in our archives and information you update or delete, or information within a closed account, may persist internally for our administrative purposes, legal compliance reasons, to the extent permitted by law. Please note that we may delete copies of information that may have been previously shared with others via the Service.    

  • Objecting or Restricting Data Use.  In your “Settings” menu, you have options to control our use of your data.  You may limit how your information is visible to other users or made publicly available; and limit the notifications or emails you receive from us.  Please note that, should you opt-out of receiving notifications or emails from us, you will still receive administrative messages from us.  You have the right to object to our processing of your information based on our legitimate interests and the right to object to the use of your information for direct marketing purposes.  You may control our marketing communications to you by accessing your “Settings” menu.  Additionally, you should review our “HOW WE COLLECT YOUR INFORMATION” section above for a few options to control how we use cookies and other technologies for advertising.  Please note that you delete your account at any time if you do not want us to use or process your information. Note that asking us to remove your information or refrain from processing it may result in account suspension or termination where such information is necessary to make our Services available to you, in which case you will no longer be able to access those Services.

(b) ONLY FOR USERS IN CALIFORNIA. The California Consumer Privacy Act of 2018 (“CCPA”) provides consumers who are California residents with specific rights regarding their personal information. 

  • Right to Know and Data Portability. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the "right to know"). 

  • Right to Delete. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "right to delete"). 

  • Personal Information Sales Opt-Out and Opt-In Rights. If you are age 16 or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). We do not sell the personal information of consumers we actually know are less than 16 years old, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 15 years old, or the parent or guardian of a consumer less than 13 years old. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

  • Right to Correct Inaccurate Information. You may request correction of your personal information if it is inaccurate. We will use our commercially reasonable efforts to correct inaccurate personal information upon receiving a verifiable request.

  • Limit Use. To the extent any information we collect is “sensitive personal information”, consumers have the right to limit the use and disclosure of certain sensitive personal information to only those uses that are necessary to provide the products and services and for certain other purposes. 

  • Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not deny you goods or services; charge you different prices or rates for goods or services; provide you a different level or quality of goods or services; or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. This request is free and may be made once a year. 

To make such a request or exercise any of your rights under the CCPA, please email us at contact@mountaintop.gg or write to us at the following mailing address: 

Mountaintop Studios, Inc.
8605 Santa Monica Blvd
PMB 69572
West Hollywood, California 90069-4109 US

Before we process any of the above requests, we may ask you to verify your identity (e.g., by providing us with certain info to help us confirm your identity and ownership of the account with which the information is connected) and we may request payment where allowed by law. We may also retain certain info associated with your account for purposes like complying with our legal obligations, managing internal books and records, preventing fraud, resolving disputes, and enforcing our contracts and terms, such as this notice and the Terms.

While we hope that you will not need to, if you wish to complain about our use of your personal information, please send an email to us detailing your complaint with the subject line “Personal Information Complaint” to contact@mountaintop.gg.

You may also make a rights request using an authorized agent. If you submit a rights request from an authorized agent who does not provide a valid power of attorney, we reserve the right to ask the authorized agent to provide proof that you gave the agent signed permission to submit the request to exercise rights on your behalf. In the absence of a valid power of attorney, we may also require you to verify your own identity directly with us or confirm to us that you otherwise provided the authorized agent permission to submit the request.

If you reside in a Designated Region, you may also have the right to lodge a complaint with the relevant supervisory data protection authority for your country or region where an alleged infringement of applicable data protection law occurs. For your convenience only, links with details of such supervisory authorities are also provided below: 

Information Commissioner’s Office (“ICO”) for the United Kingdom at https://ico.org.uk/make-a-complaint/

European Data Protection Board (“EDPB”) for EEA countries https://edpb.europa.eu/about-edpb/about-edpb/members_en#member-it


SECURITY

Please note that information that is transported over an open network, such as the internet or e-mail, may be accessible to anybody.  Mountaintop cannot guarantee the confidentiality of any communication or material transmitted via such open networks. When disclosing any personal information via an open network, you should remain mindful of the fact that it is potentially accessible to others, and consequently, can be collected and used by others without your consent.  

Your information may also be lost during transmission or may be accessed by unauthorized parties.  Mountaintop cannot accept any liability for direct or indirect losses as regards the security of your information during its transfer via internet.  Please use other means of communicating with us (such as, by writing to us at our mailing address provided above) if you think this is necessary or prudent for security reasons.

For network security purposes and to ensure that our Service remains available to all users, Mountaintop employs commercial software programs to monitor network traffic and attempt to identify unauthorized attempts to upload or change information, or otherwise cause damage.  If we accept your payment information directly (and not through our third party processors, platforms, sellers, stores, etc.), we have all payment information transmitted via Secure Socket Layer (SSL) technology, encrypted into our payment gateway, and accessible only by those authorized with special access rights to such systems who are required to keep the information confidential. 

However, no server, communications network, or data transmission over the internet is 100% secure. It is up to you whether you’d like to share information with us. If you do, you are acknowledging that you’re doing so with this risk.


UPDATES AND REVISIONS

Mountaintop will update this Privacy Policy from time to time as we determine is necessary or appropriate and as new features are added to the Service or as laws change that may affect our Services.  When we make changes to the Privacy Policy, they will be reflected on this page.  If we make material changes, we change the date at the top of this page and may also post a notice on this page notifying the changes. In some cases, we also may send an email notifying users of the changes.

You should check this page periodically to see if any recent changes to this Privacy Policy have occurred. Any revised Privacy Policy will apply both to information Mountaintop already has about you at the time of the change, and any information submitted or received after the change. 

We strongly recommend that you periodically re-visit this page and read this Privacy Policy, to see if there have been any changes that may affect you. 

This Privacy Policy is part of and is governed by our Terms of Use. The headings and titles in throughout this Privacy Policy are purely and solely for your convenience. They do not and shall not affect any legal interpretation of this Privacy Policy. Any provision of this Privacy Policy found to be unenforceable will not void nor effect other provisions of the agreement.

Questions regarding this Privacy Policy or the practices of the Services should be directed to Mountaintop by emailing such questions to contact@mountaintop.gg or by writing to us at our mailing address provided above.