Privacy policy

Food N’ Me® and Smash Your Food® are operated and presented to users in all locations by Octave Media International, LLC of Bellevue, Washington, USA. This Privacy Policy covers use of information collected by the Food N’ Me® and Smash Your Food® web sites and games.

We are committed to providing a fun, entertaining, and safe website and games for children and their families. We are dedicated to safeguarding any personal information collected on our web sites and games. We seek to ensure that our privacy policy and our information practices adhere to the United States Children’s Online Privacy Protection Act, applicable European Union Data Protection legislation, Canadian federal and provincial privacy legislation, other applicable data privacy laws and all other applicable legislation.

1. The Information We Collect

As described in this Privacy Policy, we may collect from family users of our web sites or our games a parent's email address. When a Food N' Me® or a Smash Your Food® family user plays our games or interacts with our web sites, we may collect additional information which can include a player’s name, age, gender and level of physical activity. The Food N’ Me website and mobile applications do not condition a child's participation in an online activity on the child providing more personal information than is reasonably necessary for that activity.

The Food N’ Me website and mobile applications may invite family users to provide a parent's email address. We use this information to send the parent to notify the parent about our privacy practices, to send the parent tips and advice personalized to the family users and communications either about the family player or about features of our Web site and mobile applications, and for the other purposes described in this Privacy Policy.

We may also request an email address when a user submits a form through the "Support" portion of the Food N’ Me website(s) so that we may respond to the inquiry. We collect the e-mail address for the sole purpose of responding directly on a one-time basis to a specific inquiry.

For some of our online activities - such as polls or surveys - we may ask users to provide information that is not personally identifiable, such as country of residence or a visitor's favorite food. Finally, we may offer blogs or other Public Forums (as defined in the Terms of Use governing the website (the "Terms of Use")), as well as other features in which you may provide us with Submissions (as defined in the Terms of Use), but we take measures so that users cannot communicate personal information through these Public Forums. If you use a Public Forum on this website, and disclose personally identifiable information, you should be aware that such information could be read, collected or used by other users. We are not responsible for the personally identifiable information you choose to submit in these Public Forums.

Additionally, when visitors come to our site or use our games, we may passively collect certain non-personally identifiable computer information, such as the type of computer operating system (e.g., Windows XP or Mac OS), the user's IP Address, the web browser (e.g., Netscape, Internet Explorer) being used, the frequency with which guests visit various parts of our sites, and information regarding the Internet service provider, and information specific the particular game being played in order to make our sites and games more interesting and useful to you and for various purposes related to our business. We may collect this non-personally identifiable information through the use of software technologies such as unique identifiers or "cookies." Cookies are small text files that we place in visitors' computer browsers to store their preferences. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your Web experience smoother, and some of our services may not function properly.

2. How We Use, Disclose, and Store the Information We Collect

In addition to the purposes described in Section 1, we may actively collect and use email addresses and user names to track usage and to ensure users are following the site's Terms of Use. In addition, we may use an email address and user name to ban a user temporarily or permanently from the Food N’ Me website if that user engages in inappropriate conduct on the site. We may also use email addresses to enable parents to review the information that the family users have submitted to the Food N’ Me website and games and to provide notification regarding the site, such as any future amendments to this Privacy Policy. We also may use information in the aggregate to analyze site usage, as well as to offer products, programs, or services.

We may disclose information where we are required to do so by law, for example, in response to a court order or a subpoena, or where we disclose information to service providers or other group companies who provide support for the operations of our website and who do not use or disclose the information for any other purpose. To the extent permitted by applicable law, we also may disclose information in response to a law enforcement agency's or other public agency's (including schools or children services) request or if we feel that such disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our website, protect the security or integrity of our website, or enable us to take precautions against liability.

If we sell all or part of our business or make a sale or transfer of our assets or are otherwise involved in a merger or business transfer, we may transfer information to a third party as part of that transaction, to the extent permitted by applicable law.

Finally, we may transfer information and store it outside of the jurisdiction in which a member of Food N’ Me is located. As set out above, Food N’ Me is operating from the United States of America, which was recognized as a country providing an adequate level of protection by European Commission, so that the information we collect will be mainly processed and stored there.

3. Collection of Information for Third-Party Sites and Sponsors

We do not share personally identifiable information collected from users or parents with third-party companies. User and parents may see third-party content or products on our web sites or in our games.

4. Security

The security of your personal information is important to us. We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.

5. Access to Information, and Objection to Information Collection and Retention

Please contact our Privacy Department as provided in Section 6 if you would like to access the information that we have collected online from you or your child, correct factual errors in such information, request to have this information deleted, or request that we no longer collect or maintain such information. Please be sure to include your email address and a telephone number where we can reach you. To protect you and your child's privacy and security, we will take reasonable steps to help verify your identity before granting you access to the personal information that we collect and maintain about you, your family or your child.

6. Contact Us

If you have questions or wish to send us comments about this Privacy Policy, please send an e-mail with your questions or comments to support@foodnme.com or write us:

Food N’ Me LLC

Attention Privacy Department

12342 NE 26th Place

Bellevue, WA 98005

Please be assured that any personal information that you provide in communications to the above e-mail and postal mail addresses will not be used to send you promotional materials, unless you so request.

Please be assured that any personal information that you provide in communications to the above e-mail will not be used to send you promotional materials, unless you so request.

7. A Final Note to Parents

The Internet offers a world of opportunity for families and children. Your guidance and involvement are essential to help ensure that your family and children have a safe and rewarding online experience. We encourage you to visit the GetNetWise.org site and look through the "Kids Safety" section together. Your efforts to instill responsible information practices will help steer your children to age-appropriate sites and will go a long way toward ensuring that your family and children have enriching experiences online.

8. Effective date

The privacy policy set out above is effective as June 20 2012, and applies to all information previously obtained by Food N' Me®. We reserve the right to change the privacy policy at our sole discretion. Food N' Me users will be informed of any such change by us posting a new privacy policy on the Food N' Me website and the effective date of any change of privacy policy will be clearly marked. As required by law, we will not use personal information in ways that are materially different from the ones described in this Privacy Policy without also providing notification of such practices and obtaining consent to any such different uses. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.