Updated: August 14, 2024
Level Up Games, LLC (“Level Up Games,” "we," "us" or “our”) takes data privacy seriously.
This Kyzen privacy policy (“Kyzen Privacy Policy”) describes our practices and your rights in connection with personal information (“PI” or “personal information”) that we collect, process, or share when you use the Kyzen metaverse (“Metaverse”) and applies to all Kyzen users, including users who are simply viewing content available via our websites, services, applications, or environments; users who have registered to access Kyzen via our online registration, and users who have connected cryptocurrency wallets to Kyzen. This Kyzen Privacy Policy does not apply to information collected through third-party websites or services that you may access through the Websites. By using the Metaverse, you agree to the terms of this Privacy Policy.
When you access or use the Metaverse, you agree to the terms of this Kyzen Privacy Policy and our Terms of Use, and you agree that the information contained in this Kyzen Privacy Policy serves as notice at or before the point of collection for all personal information collected.
Note that within the Metaverse, all of your interactions will occur in a public forum and will be available to other participants, so be careful to avoid posting or sharing any confidential or proprietary information. Further, the nature of Metaverse technologies is such that it may not be possible for users to remain anonymous, and information you share through interacting, including personal characteristics such as speech mannerisms and movements, will be available and evident to others, including, but not limited to, us.
In this Kyzen Privacy Policy, we cover:
Privacy and the Metaverse
What Personal Information We Collect
How We Collect Personal Information
How We Use Personal Information
Our Lawful Bases for Processing
With Whom We Share Personal Information
Data Protection Rights
Tracking Technologies Policy
Jurisdiction-Specific Data Protection Rights
Notice of Financial Incentive
International Transfers
Email Marketing
Security, Retention, and Storage of Personal Information
Children Under 13
Changes to this Kyzen Privacy Policy
How to Contact Us
Privacy and the Metaverse
When you choose to engage in the Metaverse, you will access it by connecting your cryptocurrency wallet to the Metaverse or by registering via our online registration. While you are in the Metaverse we will collect information about your interactions and your experiences.
However, we may interact with you through our own Avatars or in our own forums in the Metaverse, and in that context, we may also collect other personal information that we may utilize for marketing purposes or other purposes described below.
What Personal Information We Collect
We may collect unencrypted credentials such as password, name, and other information you provide to us actively or passively (e.g., the type of cryptocurrency wallet you hold). We may also collect information, such as IP addresses, unique device IDs and identifying information about your devices, hardware and software. We may collect other interaction information such as what areas of the Metaverse and you visit and for how long, and what types of interaction you engage in.
We may also collect content you submit or make available when you interact with our Avatars or in our forums in the Metaverse, including when you interact with other users or share content during those interactions or in other community forums and during live Q&A trainings. We also collect information anytime you provide us with feedback, participate in promotions, or use other features of the Metaverse that require personal information. A third party collects and processes debit or credit card details (cardholder name, card number, expiration date, etc.) on our behalf to fulfill orders placed for our products and services. We do not collect or store debit or credit card information on our systems.
How We Collect Personal Information
We and our vendors collect PI about you from various sources, directly and indirectly, including from the following:
We collect PI directly from you and through the use of various tracking technologies. To register an account in the Metaverse, you will be required to provide your name, password, and email address, or information about your digital wallet if you connect your digital wallet to the Metaverse. We collect PI if you interact with us or contact us in any manner. We collect PI if you make a purchase. We may also ask you to provide certain information about yourself when you register for an event in the Metaverse or when you choose to participate in a Metaverse-only sweepstakes. Events and sweepstakes are completely optional and it is up to you to engage in such activities. If you do engage in these activities, however, you may be required to provide PI, such as your name and contact information. We also use various tracking technologies to collect PI from and about you. We collect this information over time and across devices when you access the Metaverse. Learn more about these tools, how we use them and how you can control them by reviewing our Tracking Technologies Policy, below. We receive PI about you from vendors we hire to work on our behalf and from other sources. Other parties may give us PI about you, including other users of the Metaverse. These other parties might include other users, as well as our business and marketing partners. For example, we may receive PI about you when you interact in the Metaverse with our business partners or in the forums our business partners maintain.
We combine PI with information we collect elsewhere. For example, we may combine information that we have collected offline with PI we collect in the Metaverse, or we may combine other PI we get from another party with PI we already have. We may also aggregate your information with other user’s information to understand preferences and trends over time.
How We Use Personal Information
We use the categories of PI described above for the following purposes:
We use PI to provide and administer the Metaverse. For example, we use your PI to create and maintain your Avatar profiles, to facilitate participation in the Metaverse, and to display customized content, as well as to facilitate your ability to interact and communicate with other users.
We use PI for analytics purposes. For example, we may use PI to:
improve the Metaverse and develop new products, services, and features; and
analyze trends and traffic and track usage data.
We use PI for safety, security, compliance, and due diligence purposes. We may use your PI to protect Level Up Games or others. We also may use your PI to protect the Metaverse service, as well as to detect and investigate activities that may be illegal or prohibited. We will use certain pieces of your PI to verify your identity if you make requests pursuant to this Kyzen Privacy Policy. The verification steps and the pieces of PI that we request may vary depending on the sensitivity and nature of your request.
We use PI to comply with any legal obligations and enforce our legal rights. For example, we may use PI to exercise contractual rights, to comply with financial reporting obligations, court orders, warrants, or subpoenas in accordance with applicable law.
We use PI to fulfill transactions. For example, we use PI to process your payments, orders, and requests for products, information, services, or features.
We use PI to manage your preferences and to communicate with you about your experiences in the Metaverse by:
responding to your questions and concerns;
sending you administrative messages and information, including messages from the Avatars and forums we maintain or that our business or marketing partners maintain; notifications about changes to the Metaverse, and updates to our agreements; and
sending you information about rewards programs, new services, new features, promotions, and other available content (which you can choose not to engage in, at all times).
We use PI for advertising and marketing purposes. For example, we might use your PI to:
market and administer surveys and promotions;
learn more about you by linking your PI with additional data collected through third-party data providers or by analyzing the data with the help of analytics service providers;
tailor advertisements across devices; and
track purchases.
We may use your PI as otherwise disclosed or permitted by law, or as we may notify you from time to time. In certain circumstances, we may aggregate and/or de-identify PI for additional purposes.
Lawful Bases for Processing
We process PI as follows:
We process your PI with your consent. For example, we process your PI with your consent to provide you with the ability to access the Metaverse, including to allow you to retain information about previous visits to the Metaverse. You may choose to not access the Metaverse at any time. You understand that not accessing the Metaverse will not affect the legality of our treatment of your PI while you were using the Metaverse.
We process your PI when necessary to perform our agreements with you. This includes the terms and conditions that govern participation in any sweepstakes or promotions that we may offer.
We process your PI in pursuit of our legitimate interests. Examples of these legitimate interests include operation and improvement of the Metaverse, personalization of content in the Metaverse, and protection from fraud or security threats.
We process your PI when necessary to ensure compliance with a legal obligation to which we are subject. From time to time we may also need to process PI to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
With Whom We Share PI
We may share PI with service providers who perform services on our behalf. For example, we share both PI with companies that help us manage and operate the Metaverse. We may also share your PI with service providers that help us investigate and prevent data incidents or audit our business and financial statements. We share PI with companies that help us to fulfill purchases, including our eCommerce platform and payment processor authorize.net. To understand how authorize.net collects, processes and stores your PI, please review its Terms of Service (https://www.authorize.net/about-us/terms.html) or Privacy Center (https://www.authorize.net/about-us/terms.html).
We may share PI with affiliates, business and marketing partners. For example, we share PI with other parties such as advertisers and advertising networks and ad tech companies that assist us in marketing and advertising our products and services within the Metaverse and who may use your PI to tailor and provide you with their own content and advertisements within the Metaverse. We may also might share PI with other parties who co-sponsor a forum in the Metaverse, a promotion or other content available in the Metaverse.
We may share your PI with a successor to all or part of our business. For example, if part of our business is sold, we may include your PI as part of that transaction. We may share your PI if there is a similar change to our corporate structure. We may also share your PI with others as they conduct diligence of our company in connection with contemplated corporate transactions.
We may share your PI with other parties as necessary or required by law. For example, we may share PI to respond to a court order or subpoena. We may also share PI if a government agency or investigatory body requests it. We might also share your PI in order to enforce our agreements, to protect the rights of others, or to investigate potential fraud. This might include fraud we think has happened during a promotion. If you are the winner of a sweepstakes or contest, we may also share your PI with anyone who reviews a winner’s list.
We may share or disclose your PI with other third parties with your consent.
We may share or disclose PI for other reasons we may describe to you from time to time, as permitted by law. In certain circumstances, we may share or disclose aggregated and/or de-identified PI with third parties.
Data Protection Rights
In accordance with applicable law, you may be entitled to some or all of the following data protection rights:
Right to Know or Request Information. You may have the right to request confirmation of whether we store, use, or share any of your PI and to be informed about with whom your PI has been shared.
Access. You may have the right to request copies of your PI.
Rectification. You may have the right to change or modify your PI that you believe is out-of-date or incorrect.
Erasure or Deletion. You may have the right to request erasure of your PI that is held by us, subject to certain exceptions as prescribed by applicable law.
Restrict processing. You may have the right to restrict our uses of your PI under certain circumstances as prescribed by applicable law.
Data portability. You may have the right to request copies of your PI in an electronic format and request that we send that information to you or another third party under certain circumstances as prescribed by applicable law.
Object to processing or withdraw consent. You may have the right to object to our use of your PI or to withdraw consent where you have given it.
Avoid automated decision-making. You may have the right not to be subject to a decision based solely on automated processing, including profiling, if this has a legal or other significant effect on you as an individual, subject to certain exceptions as prescribed by applicable law.
Opt-out of the sale or sharing of PI. You may request to opt-out of the sale of your PI to a third party. For purposes of this Kyzen Privacy Policy, “sell” means the sale, rental, release, disclosure, dissemination, availability, transfer, or other oral, written, or electronic communication of your PI to an outside party for monetary or other valuable consideration. Please note that we do not currently sell PI to third parties; however, we may “share” certain personal information with our partners to provide you with personalized content or targeted advertisements which may be relevant or of interest to you.
Limit the Use and Disclosure of Sensitive PI. To the extent we collect sensitive PI, you may request that we restrict our use or disclosure of your sensitive PI.
Right to be free from discrimination. You may have the right not to be discriminated against for exercising these rights.
If required by law, we will comply with requests from individuals, including access, correction, and/or deletion of the PI we store in accordance with applicable law.
We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain PI as permitted or required by law, such as for tax or other recordkeeping purposes, to maintain an active profile, and to process transactions and facilitate customer requests.
We will take reasonable steps to verify your identity prior to responding to your requests. The verification steps will vary depending on the sensitivity of the PI and whether you maintain an account or profile with us.
You can also designate an authorized agent to make a request on your behalf. If you use an authorized agent, please include written permission that you have designated that agent to make the request, or proof of the agent’s power of attorney. We may follow up with you to verify your identity before processing your authorized agent’s request.
You may exercise the above rights by emailing us at support@impacttheory.com.
Cookies Policy
What Are Cookies
We may collect PI from you automatically through various tracking technologies and associate that information with your cryptocurrency wallet or your account. We may also collect PI from you automatically when you interact with our Avatars and our forums. For further information, visit www.allaboutcookies.org.
Web beacons, pixel tags and other “tracking technologies” are small strings of code placed on a web page or in an email or advertisement. These technologies allow your browser to recognize and store certain types of information such as cookies previously set, the time and date that you viewed the page with the beacon and a description of that page.
How We Use Cookies
We use first-party and third-party cookies in a range of ways to improve your experience with the Metaverse, including:
Strictly necessary tracking. Certain cookies are required for the operation of the Metaverse. They include, for example, technologies that enable you to connect your cryptocurrency wallet to the Metaverse and allow us to record your experiences in the Metaverse. This category of cookies cannot be disabled.
Functionality. We use these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer, location you are in, or volume level for video playback
Analytical cookies and tracking. We use Google Analytics [and other tracking technologies] to allow us to recognize and count the number of users who visit the Metaverse and to see how users move around in the Metaverse. This helps us to improve the way the Metaverse works, for example, by ensuring that users are finding what they are looking for easily. Information collected by Google Analytics cookies will be transmitted to and stored by Google on servers in the United States of America in accordance with its privacy practices. To see an overview of privacy at Google and how this applies to Google Analytics, visit https://www.google.com/intl/en/policies/privacy/.
Advertising: We use these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address. We sometimes shares some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our websites.
How You Can Manage Cookies
Most browsers are set to accept cookies by default, but you can control and manage the use of cookies on your browser or device by deleting them from your browser history. If you do not wish to receive cookies, you may set your browser to reject cookies or alert you when a cookie is dropped on your computer.
Please be advised, if you disable certain cookies, some of the features of the Metaverse may not function properly or be available to you.
Do Not Track. We do not currently respond to do-not-track signals.
Jurisdiction-Specific Data Protection Rights
United States
California
If you reside in California, you have the right to ask us one time each year if we have shared PI with third parties for their direct marketing purposes. To make a request, please send us an email at support@impacttheory.com or write to us at the following address: 113 N San Vicente Blvd., Suite 306, Beverly Hills, CA 90211. Indicate in your letter that you are a California resident making a “Shine the Light” inquiry. Please allow up to 30 days for a response.
In the past twelve months, we have collected the following categories of PI (as described in the California Consumer Privacy Act):
Identifiers (such as email address);
Commercial information (such as purchase history);
Internet or electronic network activity (such as website usage information);
Audio, electronic, visual, or similar information (such a profile image); and
Inferences drawn from any of these categories.
For more information, please see the “What Personal Information We Collect” and “How We Use Personal Information” sections.
We do not sell PI, but we may share PI with or disclose PI to third parties as described in the “With Whom We Share PI” section, and we have shared with or disclosed PI to such third parties within the last twelve months. We do not have actual knowledge of any sale or sharing of personal information children under the age of 16.
Nevada
If you are a resident of Nevada, you have the right to opt-out of the sale of certain PI to third parties who intend to license or sell that PI. You can exercise this right by contacting us at support@impacttheory.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your PI as sales are defined in Nevada Revised Statutes Chapter 603A.
Australia
If you are a resident of Australia, you may have the following rights:
Access. You have right to access the PI we hold about you.
Correction. You have right to correct your PI when it is incorrect.
Opt out of Direct Marketing. Under the Australian Privacy Act, you have the right to opt out of the use of your PI for the purpose of direct marketing, including in relation to personalized advertising. If you do not want to share your PI for marketing purposes, do not interact with our Avatars or forums, or those of our business or marketing partners. You will still see non-personalized advertising.
You may exercise the above rights by emailing us at support@impacttheory.com. Please note that we may ask you to verify your identity before responding to such requests. We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations
If you have contacted us at support@impacttheory.com with a privacy related complaint and you are not satisfied with our handling of that complaint, you may refer that complaint to the Office of the Australian Information Commissioner:
GPO Box 5218 Sydney NSW 2001
Email: enquiries@oaic.gov.au
Telephone: 1300 363 992
Website: www.oaic.gov.au
Canada
If you are a resident of Canada, you may have the following rights:
Access. You have the right to request access to your PI that we hold.
Correction. You are entitled to update or correct your PI if it is inaccurate or incomplete.
Withdraw consent. You can withdraw your consent at any time to collection, use and disclosure of your PI. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your PI conducted in reliance on lawful processing grounds other than consent.
You may exercise the above rights by emailing us at support@impacttheory.com. Please note that we may ask you to verify your identity before responding to such requests. We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations
In addition, if you have contacted us at support@impacttheory.com with a privacy related complaint and you are not satisfied with our handling of that complaint, you have the right to lodge that complaint with the Office of the Privacy Commission of Canada via the following link: https://www.priv.gc.ca/en/report-a-concern/file-a-formal-privacy-complaint/.
If you have any queries or concerns about how we use your PI, please contact us at support@impacttheory.com.
European Economic Area and United Kingdom
If you are located in the EEA or UK, you have the following rights:
Access. You have the right to ask us for confirmation on whether we are processing your PI, and access to the PI we hold.
Rectification: You are entitled to update or correct your PI if it is inaccurate or incomplete.
Erasure. You have the right to request that we erase your PI.
Restrict processing: You have the right to request that we restrict the processing of your PI.
Object to processing: You have the right to object to our processing of your PI.
Data portability: You have the right to request the transfer of the PI that we have collected and hold to another organization, or directly to you.
You may exercise the above rights by emailing us at support@impacttheory.com. Please note that we may ask you to verify your identity before responding to such requests. We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations.
In addition, if you are in the European Economic Area or the United Kingdom and you have any complaints about how we collect or use your PI, you have the right to lodge a complaint with the data protection authority in your country. The data protection authority for the UK is the Information Commission’s Office – whose website is https://ico.org.uk/. Contact information for data protection authorities based in the European Economic Area, Switzerland and certain non-European countries are available on the EU Commission’s website via the following link: https://edpb.europa.eu/about-edpb/about-edpb/members_en.
New Zealand
If you live in New Zealand and have an established business relationship with us, you have the right to:
Access. You have the right to ask us for confirmation on whether we are processing your PI, and request access to your PI that we hold.
Correction: You are entitled to update or correct your PI, if it is inaccurate or incomplete.
You may exercise the above rights by emailing us at support@impacttheory.com. Please note that we may ask you to verify your identity before responding to such requests. We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations.
Notice of Financial Incentive
We may provide sweepstakes, contests, or other promotions, which may offer prizes or things of value. When you enter such promotions, we typically ask you to provide your name, email address, physical address, and age. We collect the personal information you provide when you enter the promotion, which might be interpreted as a “financial incentive” program under California law or a “bona fide loyalty program” under Colorado law. The value of your personal information to us is related to the value of the prizes that are provided.
You may opt into entering promotions via the means described in the applicable Official Rules for the promotion. You may withdraw from participating in a program or promotion at any time by contacting us using the contact information listed below. We may share or disclose your personal information to third parties, as described in With Whom Do We Share Personal Information section.
International Transfers of Information
Information about you will be transferred to, or accessed by, entities located around the world as described in this Kyzen Privacy Policy. Some of these entities may be located in countries (such as the United States) that do not provide an equivalent level of protection for PI as that provided by your home country.
We have put in place safeguards to provide adequate protection for transfers of certain information, in accordance with applicable legal requirements. For more information on the appropriate safeguards in place, or to request a copy of these safeguards, please contact us using the contact details listed in the How to Contact Us section below.
Email Marketing
We, or third-parties on our behalf, may use your PI to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email sent by us or on our behalf or by contacting us.
Security, Retention, and Storage of PI
We cannot promise that your use of the Metaverse will be completely safe or 100% secure. Any transmission of your data the Metaverse is at your own risk. We encourage you to use caution when using the Metaverse, including when connecting your cryptocurrency wallet. This includes maintaining your cryptocurrency carefully and not sharing passwords or other types of credentials. We keep PI as long as it is necessary or relevant for the practices described in this Kyzen Privacy Policy. We also keep information as otherwise required by law.
Children Under 13
The Metaverse is intended for users 13 years or older; you are not permitted to access or use the Metaverse if you are younger than 13. We do not knowingly collect PI from children under the age of 13 through the Metaverse. If you are under 13, please do not give us any PI. We encourage parents and legal guardians to monitor their children’s usage of metaverses and to help enforce our Kyzen Privacy Policy by instructing their children to not access the Metaverse and to never provide PI without their permission. If you have reason to believe that a child under the age of 13 has provided PI to us, please contact us at support@impacttheory.com, and we will endeavor to delete that information.
Changes to this Kyzen Privacy Policy
We may change this Kyzen Privacy Policy from time to time. If we make significant changes in the way we treat your PI, or to this Kyzen Privacy Policy, we will provide you notice through the Metaverse or by some other means. Your continued use of the Metaverse after such notice constitutes your consent to the changes. We encourage you to periodically review the Kyzen Privacy Policy for the latest information on our privacy practices. We will notify you of any changes by posting the new Privacy Policy on this page and updating the “Last Updated” date at the top of this Privacy Policy. Changes to this Privacy Policy are effective when they are posted on this page.
How to Contact Us
Level Up Games, LLC
113 N San Vicente Blvd., Suite 306
Beverly Hills, CA 90211