Effective Date: July 29, 2019


Midwinter Entertainment, Inc., a Washington corporation (“Midwinter”, “we”, “us” and their derivatives) makes this policy available to users of our websites, including www.midwinter.net, www.playscavengers.com, their subdomains and any other domains owned or operated by Midwinter (collectively, the “Websites”), and other online services we may provide (with the Websites, collectively, the “Services”). This policy describes our practices for collecting, using, transferring, disclosing, retaining and disposing of users‘ personal data. Note that lowercase terms that are used but not defined in this policy (e.g., “personal data”, “process”, “data subject”, etc.) have the meanings assigned in Article 4 of the European Union General Data Protection Regulation. To be clear, however, this policy applies to all users of the Services, no matter where they live.

This policy applies only to personal data we collect through the Services. It does not apply to any information that we collect offline or you provide to or is collected by any third party.

Please read this policy carefully, so you can understand our policies and practices regarding your personal data. If you have any questions, please feel free to contact us at legal@midwinter.net.


Our Services not directed to children (usually understood to be persons under the age of 16 depending on where you live). If you become aware that a child has provided us with personal information, please contact us at legal@midwinter.net, so we may take steps to remove the information.

Personal data we collect and how we collect it

We may collect personal data from you when you sign up for one of our mailing lists to receive information about the game we are developing, Scavengers™ (the “Game”). We may collect your first name, your last name, and your e-mail address when you sign up.

Additionally, if you correspond with us electronically, we will retain records of our correspondence, including the contents of whatever was said, your email address and your name and any other information that you provide to us in such correspondence.

If you browse our Websites, we may collect certain information about your use of our Websites. This information may include, without limitation, the number of page visits and duration, type of browser, etc. Some of this information, such as your IP address, may constitute personal data.

Data we collect about your use of the Websites may be collected through “cookies” and “web beacons”. Cookies are small files placed on the hard drive of your computer through your web browser that enable us to recognize your browser and capture and remember certain information. Web beacons (also referred to as “clear gifs”, “pixel tags”, and “single-pixel gifs”) are small electronic files that enable us, for example, to count users who have visited our pages or opened an email and for other related website statistics. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. Additionally, other online resources, such as Privacy Badger from the Electronic Frontier Foundation, are available that can help block automatic data collection technologies. Please note that, if you disable or refuse cookies or other automatic data collection technologies, some aspects of the Services may be inaccessible or not function properly.

We also may receive your personal data from or through certain third-parties that help us provide the Services and/or facilitate your access to the Services, including, by way of example, personal data you submit in response to surveys conducted by third-parties on behalf of us. Personal data collected through these third parties may include, without limitation, information about your device or internet connection, your name, and your email address.

Where personal data is processed; transfer of personal data

We‘re based in the State of Washington in the United States of America. We may process and transfer your personal data in and to the United States of America and other countries, regardless of where you are. Note that the laws regulating the collection, use, and disposal of personal data vary from country to country, so applicable law in the country where your personal data may be processed may not be as comprehensive or strict as the laws of the country where you‘re located.

How we use personal data

We use your personal data:

  • To provide the Services - We may use your personal data to process your requests to access the Services and certain of their features and to generally present the Services to you. The following are a few examples of how we may use your personal data to provide the Services. For example, if you provide us with personal data through a survey, we may use the personal data you provide to improve our Services and further communicate with you. By way of an additional example, if you subscribe to our mailing list or request that we send you updates regarding the Game, we‘ll put your name and email address on our notices list, so that you get emails containing announcements about Midwinter and the Game. We will give you the option to unsubscribe from receiving emails from us.

  • To administer the Services - We also may use your personal data for any lawful business purpose in connection with administering the Services. This may include using your personal data to provide customer service, diagnose issues with the Services, improve the Services by tailoring them to your preferences, gather broad demographic information, analyze trends, seek compatible advertisers, sponsors, clients, and customers, and track users‘ movements around the Services. For example, if you reach out to us with a customer service inquiry, we will use your personal data to respond to you.

  • In furtherance of legal, health, and safety objectives - We may access, use, and share with others your personal data for purposes of health, safety, and other matters in the public interest. We may also provide access to your personal data to cooperate with official investigations or legal proceedings (e.g., in response to subpoenas, search warrants, court orders, or other legal processes). We may also provide access to protect our rights and property and those of our agents, users, and others including to enforce our agreements, policies, and our Terms of Use (available at https://midwinter.net/tou/).

  • In connection with a sale or other transfer of our business - In the event all or some of our assets are sold, assigned, transferred to, or acquired by another company due to merger, divestiture, restructuring, reorganization, dissolution, financing, acquisition, bankruptcy, or otherwise, your personal data may be among the transferred assets.

  • As may be described to you when collecting your personal data or as otherwise permitted under applicable law.

We use automatic data collection technologies and the personal data collected through them to enable our Websites to remember you. We also use information gained through automatic data collection technologies to compile statistical information about use of our Websites, such as the pages users visit most often. We may use this information to improve our Services.

Access to personal data by contractors and other third parties

We give certain independent contractors access to data we collect, including personal data. These independent contractors may assist us with tracking use of our Websites and marketing and communications. Independent contractors that work for us are obligated to keep personal data confidential and use it only in accordance with our express instructions. We are not responsible for the conduct of any of our independent contractors.

Google Analytics

One of our independent contractors is Google Analytics. Google Analytics tracks and reports website traffic and monitors use of our Websites. Data collected may be shared with other Google services and used to target the ads of its own advertising network. It is our understanding that you can opt-out of Google Analytics tracking on our Websites by installing the Google Analytics opt-out browser add-on that prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page.


One of our independent contractors is Mailchimp. Mailchimp sends bulk emails for us and helps us manage our mailing lists. Please visit the Mailchimp Privacy Policy web page for information regarding how Mailchimp uses personal data.


One of our independent contractors is SurveyMonkey. SurveyMonkey sends surveys, forms, applications, or questionnaires on behalf of us to our users. These surveys may solicit personal data from you. Please visit SurveyMonkey Privacy Policy web page for information regarding how SurveyMonkey uses personal data.

We also may disclose personal data:

  • To our subsidiaries and affiliates;
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Midwinter‘s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by Midwinter pertaining to the users of our Services is among the assets transferred;
  • To comply with any court order, law, or legal process, such as responding to a government or regulatory request;
  • To enforce any contract we may have in effect with you; and
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others.

We only collect, use, disclose, or store your personal data if:

  • You have given us your consent;
  • It is necessary to comply with applicable law;
  • We have a legitimate business interest in doing so that is not outweighed by your privacy rights (including endeavoring to create an enjoyable experience for all users of our Services, providing customer service, improving our Services and business, etc.); or
  • We are fulfilling our obligations to users of our Services.

Your data subject rights

We will promptly act on the request of any user of the Services that we:

  • Confirm that we have their personal data;
  • Provide them with access to their personal data, including in portable format, that we may possess;
  • Correct, update or amend their personal data;
  • Delete and “forget” their personal data; or
  • Limit our processing of their personal data.

You may always withdraw any consent to process your personal data you have provided us and object to our use or disclosure of your personal data. Exercise of any of the rights set forth in this section may not apply retroactively from the date a given request is made and doesn‘t affect our ability to continue processing personal data in accordance with this policy and applicable law. The rights described in this section are subject to certain limitations and exceptions under applicable law.

If you‘d like to exercise any of your data subject rights concerning your personal data that we may possess, please reach out to us by email at legal@midwinter.net. When you reach out, please put “Data Subject Access Request” in the subject line of the e-mail, and briefly describe the right or rights you intend to exercise. We may use your personal data to confirm your identity before acting on your request.

You will always have the right to lodge a complaint about our privacy practices with the appropriate supervisory authority. We ask that you contact us first, so we can try to address any concerns that you have about our privacy practices directly.

Data security and retention

We retain personal data for only as long as necessary to fulfill the purposes for which it was collected or provided, subject to certain exceptions as authorized by and where required under applicable law. We may pseudonymize, delete or take other measures to dispose of personal data. We may retain copies of personal data for additional time for business continuity purposes and for the purposes of creating backups.

We implement a variety of security measures to maintain the safety of your personal data when you use the Services. We offer the use of a secure server. All supplied sensitive information is transmitted via Secure Socket Layer (SSL) technology and then encrypted. Such information is only accessible by those authorized with special access rights to such systems and are required to keep the information confidential, subject to any additional requirements imposed by our contract with them and applicable law.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password in order to access certain parts of the Services, you are responsible for keeping this password confidential. We urge you not to share your password or any personal data with anyone.

Also, please keep in mind that the transmission of information via the internet is not completely secure. Although we have designed our Services with the protection of your personal data in mind, we cannot guarantee the security of your personal data transmitted through the Services. Any transmission of personal data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

Changes to this policy

If we make any changes to this policy, we will post the revised policy on this page. You are responsible for periodically visiting this page to check for any changes. The date the privacy policy was last revised is listed at the top of the policy.

Contacting us

If you have any questions regarding this policy or our privacy practices, you may contact us at legal@midwinter.net.