Privacy Policy
Cosmic Foundry & CTHULHU AWAKENS
Privacy Policy
Effective Date: April 13, 2023
Last Updated: April 13, 2023
This Privacy Policy (“Policy”) describes how Cosmic Foundry, (“COMPANY,” “we,” “us,” and “our”) collects, uses, and discloses your information when you engage with us online, such as when you visit our website [http://www.cthulhuawakens.io] (the “Site”) or otherwise use or interact with any services that reference this Policy (collectively, the “Services”).
If you reside in the European Union (EU), European Economic Area (EEA) or the United Kingdom (UK) you should also refer to the section headed ‘Additional Information for Users in the EU and the UK’ at the end of this Policy.
For users who do not reside in the EU, EEA, or UK, by visiting the Site or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Site or Services, and any dispute over privacy, are subject to this Policy and our Terms of Use, including its applicable limitations on damages and the resolution of disputes. The COMPANY Terms of Use
[https://app.archbee.com/docs/YcjBRS6ugLcPHQ71SkSTU/RuwU0tFBlCMc4NIT4arHH] are incorporated by reference into this Policy.
Information We Collect About You[A1]
We collect information about you directly from you and automatically through your use of our Site and Services.
Information We Collect Directly From You. The information we collect from you depends on how you use and interact with our Services.
· Visitors. If you visit our Site, you can passively view our Services, such as our games, videos and other multimedia content. However, you will not be able to interact with or provide feedback on the Services.
· Contact Information and Communications. If you contact us, we collect records and copies of your correspondence, including your name, e-mail address, and other contact information. We also collect any information you choose to e-mail or communicate to us while using the Services.
· Purchase Information. If you purchase, receive, or use goods or Services through the Site, we will collect information as necessary to provide the requested goods or Services. This may include your name, e-mail address, physical address, and contact information [and your size and other information for physical goods].
Information We Collect Automatically. We automatically collect information about your use of our Site and Services through cookies and other technologies. To the extent permitted by applicable law, we may combine this information with other information we collect about you, including your personal information. For example, when you visit our Site or use our Services, we automatically collect certain network activity and usage information, such as your IP address.
For more information, please see the “Our Use of Cookies and Other Tracking Mechanisms” section below.
How We Use Your Information
We use your information, including your personal information, for the following purposes:
· Transactional Purposes. For transactional purposes, such as to operate our business and provide our Services and goods to you.
· Communication and Support. For customer support purposes, such as to communicate with you about your use of our Services and to respond to your inquiries.
· Administration: For administrative purposes, including to help us to maintain security and operability of our Site (including for debugging purposes); to provide reports to prospective partners, service providers, regulators, and others; to implement and maintain security, anti-piracy, fraud prevention, and other services designed to protect you and us; to enforce this Policy, our Terms of Service and other policies.
· Analytics. For research and analytics purposes, including to measure, improve, and better understand how users access and use our Site and Services.
· Business Transfers. As part of our contemplated or actual acquisition, merger or investment, sale of shares or assets, or a bankruptcy or insolvency proceeding.
· Legal Compliance. We may use information to comply with applicable legal or regulatory obligations, including to respond to a subpoena or court order; to cooperate with law enforcement or other governmental investigations; and as part of legal proceedings.
· Other Operational and Business Purposes. We may use information for purposes not provided for in this Policy, but if we do, we will notify you (and, if necessary, obtain your consent) before using your information in this way.
How We Share Your Information
We may share your information, including personal information, in the following circumstances:
· Service Providers. We may disclose the information we collect from you to service providers, contractors or agents who perform functions on our behalf, such as entities that host our Site and provide information technology and other services related to our Services. [We may also disclose information to our commercial partners who will be providing you with goods.]
· Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries.
- Business Transfers.If (i) we are or may be acquired by, merged with, or invested in by another company, or (ii) if any of our shares or assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer process, we may share certain information with lenders, auditors, and advisors, including attorneys and consultants.
- In Response to Legal Process. We disclose your information to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
- To Protect Us and Others.We disclose your information when we believe it is appropriate to do so to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in litigation in which we are involved.
· With Your Permission. We may disclose information in ways not described above. If we do so, we will notify you and, if necessary, obtain your consent.
Our Use of Cookies and Other Tracking Mechanisms
We use cookies, tags, and other tracking mechanisms to track information about your use of our Site, and to provide, customize, evaluate, and improve our Services. We may combine this information with other personal information we collect from you.
Cookies. A cookie is a small alphanumeric identifier that is placed on your website browser when you visit a website. Cookies are transferred to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to allow us to track your activities at our Site and Services. There are two types of cookies: session and persistent cookies.
· Session Cookies.Session cookies exist only during an online session. They disappear from your device when you close your browser or turn off your device. We use session cookies to allow our systems to uniquely identify you during a session while accessing our Site and Services. This allows us to display content and provide our Services to you while navigating our Site.
· Persistent Cookies.Persistent cookies remain on your device after you have closed your browser or turned off your device. We use persistent cookies to track statistical information about user activity.
Disabling Cookies. Most website browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The “Help” portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site and Services who disable cookies will be able to browse certain areas of the Site, but some features may not function. For more information on how you can customize your browser’s cookie setting, please visit the link to your web browser below:
· Safari
We are not responsible for the completeness, effectiveness, or accuracy of any third-party opt-out options or programs.
Clear GIFs, Pixel Tags and Other Technologies. [A2] Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site and Services to, among other things, track activities of Site visitors, and to help us manage content on our Site and Services.
Do-Not-Track. Some web browsers offer a “Do-Not-Track” setting you can activate to signal your preference not to have data about your online browsing activities monitored and collected. Currently, our Site and Services do not recognize “Do-Not-Track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies).
Links
Our Site and Services may contain links to unaffiliated websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those websites. We are not responsible for the information practices of such websites.
Security
We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee security.
Children
Our Site and Services are not designed for children under thirteen (13). Accordingly, we do not knowingly collect information online from children under 13. If we discover that a child under 13 has provided us with information, we will delete such information from our systems.
Changes to this Policy
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. If we change this Policy, we will post the updated Privacy Policy here, and those changes will go into effect on the “Last Updated” date shown above. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site.
Contact Us
If you have any questions about our Policy or would like to make a complaint, you can contact us by emailing us at [[email protected]].
Additional Information for Users in the EU and the UK
International Transfers of Your Personal Information
COMPANY is a US based company, and if you choose to use our Services your personal information will be transferred to the United States. Such transfer is necessary to perform the Terms of Use and to provide you with the Services, as well as access to the Site. Third party recipients of your personal information (see ‘How We Share Your Information’)may also be located in the United States, or in other countries outside of the EU and the UK. You should be aware that those countries data protection laws may not offer the same level of protection as those in the EU and UK.
We will take all necessary measures to ensure that transfers out of your country are adequately protected as required by applicable data protection law. With respect to transfers to third party recipients in countries not providing an adequate level of data protection, we may base the transfer on appropriate safeguards, such as the EU standard contractual clauses adopted by the European Commission, the UK International Data Transfer Agreement or Addendum, or other approved data transfer or certification mechanisms together with binding and enforceable commitments of the recipient. In each instance, we will review the transfer and ensure that any additional technical and organizational measures are put in place to ensure that an adequate level of protection is provided. You are entitled to receive a copy of any documentation showing the suitable safeguards that have been taken by making a request using the contact details provided in the ‘Contact Us’ section above.
Lawful Basis
We collect, use and disclose your personal information only where we have a legal basis to do so. By reference to the purposes set out under ‘How We Use Your Information’ above, our legal bases are the following:
Purpose | Legal Basis |
|---|---|
Transactional Purposes | Performance of our Terms of Use |
Communication and Support | Performance of our Terms of Use Legitimate interest in responding to your inquiries |
Administration | Legitimate interests in (i) taking steps to secure the Site and Services; (ii) protecting our rights by enforcing the Terms of Use. |
Analytics | Legitimate interest in understanding how our Site and Services are used in order to make improvements Consent (for the placement of non-essential cookies and the subsequent use of non-essential cookie data for analytics or marketing purposes) |
Business Transfers | Legitimate interest in undertaking a business transfer Compliance with legal obligation in relation to any court-mandated insolvency process |
Legal Compliance | Compliance with a legal obligation |
Other Operational and Business Purposes | Legitimate interest in ensuring the efficient management of our business. |
Where we refer to ‘legitimate interests’ as the legal basis, we take steps to ensure that our interest is not overridden by our interests, rights or freedoms.
Electronic Marketing
We will obtain prior consent to send you electronic direct marketing by email, SMS or direct message, except where we collect your contact details in the course of selling you a Service, in which case we may instead give you the option to opt-out of direct marketing, as permitted by applicable law.
Where you currently receive direct marketing of any kind you can opt-out at any time by following the instructions in the marketing communication or by contacting us at [[email protected]].
Data Retention
We retain your personal information for as long as required to satisfy the purpose for which it was collected and used (for example, for the time necessary for us to provide you with customer service, answer queries or resolve technical problems), unless a longer period is necessary to comply with legal obligations (such as fiscal or legal obligations) or to defend a legal claim. If you would like to receive further information on how long we store your personal information, please contact us using the contact details provided in the ‘Contact Us’ section and specify your request.
Your Rights
Subject to the conditions set forth in the applicable law of your jurisdiction, you have the right to access, right to rectification, right to erasure, right to restrict data processing, right to object against profiling and processing, right to lodge a complaint with your local supervisory authority and your right to data portability.
Right to access personal information
You have a right to request that we provide you with a copy of your personal information that we hold and you have the right to be informed of: (a) the source of your personal information; (b) the purposes, legal basis and methods of processing; (c) the data controller’s identity; and (d) the entities or categories of entities to whom your personal information may be transferred.
Right to rectify or erase personal information
You have a right to request that we rectify inaccurate personal information. We may seek to verify the accuracy of the personal information before rectifying it.
You can also request that we erase your personal information in limited circumstances where:
- it is no longer needed for the purposes for which it was collected; or
- you have withdrawn your consent (where the data processing was based on consent); or
- following a successful right to object (see right to object); or
- it has been processed unlawfully; or
- to comply with a legal obligation to which the company is subject.
We are not required to comply with your request to erase personal information if the processing of your personal information is necessary:
- for compliance with a legal obligation; or
- for the establishment, exercise or defense of legal claims;
Right to restrict the processing of your personal information
You can ask us to restrict your personal information, but only where:
- its accuracy is contested, to allow us to verify its accuracy; or
- the processing is unlawful, but you do not want it erased; or
- it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise or defend legal claims; or
- you have exercised the right to object, and verification of overriding grounds is pending.
We can continue to use your personal information following a request for restriction, where:
- we have your consent; or
- to establish, exercise or defend legal claims; or
- to protect the rights of another natural or legal person.
Right to data portability
You can ask us to provide your personal information to you in a structured, commonly used, machine readable format, or you can ask to have it transferred directly to another data controller, but in each case only where:
- the processing is based on your consent or on the performance of a contract with you; and
- the processing is carried out by automated means.
Right to object to the processing of your personal information
You can object to any processing of your personal information which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests.
If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.
Right to object to using your personal information for direct marketing purposes
You can require that we stop using your personal information for marketing purposes.
Right to obtain a copy of personal information safeguards used for transfers outside your jurisdiction
You can ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside of the EU or the UK, as applicable.
We may redact data transfer agreements to protect commercial terms.
Right to withdraw consent
You may withdraw consent (where such consent was obtained and relied on as the legal basis) for future processing of your personal information.
If you have any questions or if you wish to exercise one of your rights under applicable local privacy laws or submit any objections regarding the processing of your personal information, please use [[email protected]] and specify your request. Please note that we may need to request additional information from you to confirm your identity, and we may extend the time taken to respond to your request if it is complex, or levy a fee, or refuse to comply with a request, if it is manifestly unfounded or excessive.
Right to lodge a complaint with your local supervisory authority
You have a right to lodge a complaint with your local supervisory authority in the country where you live or work or where you believe your rights have been infringed, if you have concerns about how we are processing your personal information or if you believe that your data protection rights have been violated.
We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.
