Privacy Policy

Last Updated: 1 August, 2018

Megafauna LLC (“we,” “our,” ”us”) respects the privacy of the users of its website, http://www.megafaunalabs.com and any subdomains of the foregoing (collectively, the "Website") and the Thunderballs video game (“Game”), and subscribers of its newsletter at http://www.megafaunalabs.com (“Newsletter,” collectively with the Website and Game, the “Services”). We have adopted this privacy policy to inform users about what information we collect through the Services and how we use this information. Your use of the Game and related services is also governed by the Thunderballs End User License Agreement available at https://www.megafaunalabs.com/EULA (the “EULA”). Your use of the Website is also governed by the Megafauna Terms of Service available at https://www.megafaunalabs.com/terms-of-service (the “Terms”).

Please read this privacy policy carefully to understand our practices regarding the collection and treatment of your information. If you do not agree with this privacy policy, you should not use the Services. By accessing or using the Services, you agree to this privacy policy. If you are accessing our Services from within the European Economic Area (“EEA”) additional rules apply to protect your privacy rights (see below).

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

Definition Of Personal Information. Personal information means any information by which you may be personally identified. This includes your name, postal address, email address, social media account names, telephone number, voice, social security number, static IP address, geolocation information, biometric data, or any other “personally identifiable information” under applicable law, and any other identifier by which you may be contacted online or offline. Additionally, “Personal information” may include some non-personal information when it is linked with other types of personal information or non-personal information (e.g. motion sensor information, or motion tracker information). We collect personal and non-personal information as follows:

When You Play Our Game. When you download and play our game we collect the following information from you: We collect your third party platform user name, gameplay data and in game metrics, and information when the Game crashes. We collect this information as follows:

·        Information From Third Party Game Platforms. We receive your personal information from the platform through which you downloaded and play the Game, such as your user name with that third party platform (for example your user names and IDs from Steam and Oculus). Personal Information collected by the third-party platform that you use to access the Game is subject to the applicable third-party terms of use and/or privacy policy (for more information, please see the Oculus Privacy Policy and the Steam Privacy Policy). Our use of your personal information collected through the Game is limited to the applicable third-party terms of use and/or privacy policy and the purposes described in the “How We Use Your Information” section below.

·        Gameplay. When you play our Game, we automatically collect personal information from you and keep it anonymous from your username or other identifiable information. We collect the following information this way: in-game metrics, IP address, and other gameplay relevant information (for example: type of virtual reality equipment used, specific virtual reality platform, motion sensor information, motion tracker information and operating system information). We collect this information to improve your gameplay experience and improve our Game.

·        When You Use The In-Game Chat. You may choose to reveal personal information in the Game through multiplayer chat or other public functions, including through your username defined on a third-party game platform, to the extent it contains personal information We cannot control how other users will use personal information that you reveal using multiplayer chat or other public functions, so, if you reveal personal information through multiplayer chat or other public functions, you are doing so at your own risk. Further, disclosure of phone numbers, addresses, age or other personally identifying information that may violate someone else's privacy is prohibited. Encouraging or asking users to disclose publicly their personally identifying information is also prohibited.

·        When The Game Crashes. If the Game crashes during play, we automatically collect information such as your operating system and your hardware devices, when the game crashed and the cause for the crash to solve the crash issue, give you support, and improve and optimize your game play experience.

When You Access Our Website. When you access our Websites, we passively collect cookies and store these temporarily on your internet active device to optimize our Website service for your access. Information we collect this way includes browser information, operating system information, cookie information, language preference, referring site, and the date and time of each visitor request. Our use of this information is limited to the purposes described in the “How We Use Your Information” section below.

A cookie is a small file placed on the hard drive of your computer. We use cookies through automatic data collection through the Website and will not connect any cookie information with any other information that we have acquired from you. By default, we do not use cookies, unless you confirm your consent with such practice upon your initial access of our Website. However, if you select not to use cookies you may be unable to access certain parts or features of the Website.

When You Sign Up For Our Newsletter. If you subscribe to our Newsletter, or complete any other forms or subscriptions on our website, you may be required to provide personal information, such as your email address, name or your social media handles. The Terms also govern our use of and ownership of information that you provide to us via website forms and subscriptions.

When You Reach Out To Us Directly. If you send us or one of our representatives an email or otherwise correspond with us directly, we will have access to any information that you provide to us in such correspondence, including, without limitation, your name and email address. The Terms also govern our use of and ownership of information that you provide to us in direct communications.

HOW WE USE AND SHARE YOUR INFORMATION

General Use Of Your Information. We always use your information to offer, operate, maintain, and improve the Services. This may include using your information, including personal information, to present the Services to you; to operate all features within the Services; to provide you with information, products, or services that you request from us, including special offers and promotions; to investigate violations of this Privacy Policy, the Website’s Terms, or the Game’s EULA, and prevent additional violations; to notify you about changes to our Website, the Game, or any products or services we offer or provide through it; for purposes of age verification; to optimize and improve the Services; and for any other purpose with your consent. For example, as discussed above, information you voluntarily provide us through the Game may be transmitted to us in connection with error reporting if your system or the Game crashes while playing the Game.

General Data Sharing Rules. We do not share or otherwise disclose your Personal Information with third parties except (1) as may be necessary to protect your safety; (2) to enable us to take precautions against liability; (3) to protect the safety and security of the Services; or (4) where required to do so by law or legal process.

Game. We use the information that we collect when you download and play our Game to operate the Game and its features. When you play our Game we share your third party platform user name and ID and your IP address with Exit Games Inc., to provide you with matchmaking services for the game and which protects your information per their own privacy policy and this Privacy Policy. We also share the information that we collect when the Game crashes with Unity Technologies ApS, which provides us with the crash reports (mentioned above) and protects your information per their own privacy policy and this Privacy Policy.

Website. We use the information that we collect and the cookies that we use when you access our Website to deliver content specific to your interest, to monitor website usage, and to simplify your visits to our Websites. This information is collected and the cookies are placed and used through the third party service Squarespace who protects your information per their own privacy policy and this Privacy Policy.

Newsletter. If you subscribe to our Newsletter, we use your information to contact you about our goods and services that may be of interest to you. For this service we share your email address with MailChimp, who protects your information per their own privacy policy and this Privacy Policy. If you do not want us to use your information in this way, please send an email to privacy@megafaunalabs.com to let us know that you would like us to deactivate your subscription.

Consent To Transfers. Given the global nature of the Internet, please be aware that information we collect, including personal information, will be transferred to, processed and stored in the United States and other countries around the world. Courts, law enforcement, and other authorities in the United States and abroad may be entitled to access your personal information under certain circumstances. By using our websites or providing us with any information, you consent to this transfer, processing and storage of your information in the United States and in other countries around the world, including jurisdictions in which the privacy laws may not be as comprehensive as those in the country where you reside or are a citizen.

DATA SECURITY AND RETENTION

Data Protection And Security. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information that you provide to us is stored on secured servers located in the United States of America using firewalls. When you directly provide us with personal information, including through registration, we will encrypt that information using secure socket layer technology or similar technologies.

Data Retention. We retain information about you as long as it is necessary for us to fulfill the purposes outlined in this Privacy Policy. We will delete your information once the purpose for which we collect the information, unless retention is permitted or required to, among other things, comply with our legal obligations, resolve disputes, and enforce agreements.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures used in the Services.

CHILDREN

Data From Under 13 Year Olds. Our Services, including the Website, the Game, and the Newsletter, are not intended for users ages 13 and older only. Accordingly, we will not knowingly collect or use any personal information from children that we know to be under the age of 13. In addition, we will delete any information in our possession that we discover originates from a child under the age of 13.

Your Rights As Parent. If you believe that your information (if you are under 13) or your under-13 child’s personal information was mistakenly collected through any part of our Service, please contact us immediately at privacy@megafaunalabs.com and we will work with you to determine if this has occurred and to remove any such information as quickly as possible. We may communicated with a child under 13 if they contact us regarding mistaken collection of their Personal Information, but we will do so only for the purposes of facilitating such information’s prompt removal.

Rules When You Access the Service from Within the EEA

If you access our Service from within the EEA, the following privacy rules apply to you.

The Purposes For Which We Collect Personal Information From You. We only collect your personal information if we have a lawful purpose pursuant to Article 6(1) General Data Protection Regulation (“GDPR”). The following lawful purposes apply to the Personal Information that we collect from you:

·        Necessary Collection To Perform Services (Article 6(1)(b) GDPR). We need the personal information that we collect when you play our Game in order to fulfill our obligations and perform the services that you and we agreed upon for you to play our Game.

·        Consent Based Collection (Article 6(1)(a) GDPR). We collect your personal information for the Newsletter and our Websites, because you gave us your explicit consent to use this information when you signed up for the Newsletter and when you accessed our Website. You may withdraw this consent at any time for no charge, and we will cease to use your Personal Information for this purpose, by your request to privacy@megafaunalabs.com.

·        Legitimate Interest – GDPR Article 6(1)(f). We process your information when you access and use our Services for security reasons, to better understand your and others interest and preferences for our Services and improve our Services, for internal purposes (for example for auditing), to enforce. 

·        Other Purposes. We may process your information for reasons when we are legally obliged to under GDPR Article 6(1)(c) (for example for tax purposes), it is necessary in order to protect the vital interests of you or someone else under GDPR Article 6(1)(d), or it is necessary in public interest under GDPR(6)(e).

Your Data Rights. You have the right to correct, update and change (if the information we process is incorrect), or delete Personal Information or demand from us to release such information, as well as restrict how we use or entirely end the use such information, by sending an email to privacy@megafaunalabs.com. For privacy reasons, we may require identification before we take any action under this Section. Your rights, however, may be limited. We will keep Personal Information if, at the time or foreseeable future, it is necessary for us to establish, exercise, or defend against a legal claim.

Withdrawing Consent. If we have received your Personal Information from you because of your explicit consent, you can withdraw this consent at any time by sending an email to privacy@megafaunalabs.com.

Transferring and Sharing Data. We will never transfer your Personal Information to a third party or a successor of ours that resides in a country that does not adhere or cannot guarantee the same privacy protection standards as provided by the GDPR. Currently we share your Personal Information with the following parties outside of the EEA, all of which protect your rights pursuant to the GDPR:

·        We share your personal information with Google LLC for storage purposes. Google LLC is located in the US and applies the safeguards pursuant to the EU-US Privacy Shield. You can view Google LLCs privacy protection standards at https://support.google.com/analytics/answer/6004245?hl=en.

·        We share the information collected with and place the cookies through Squarespace, Inc. Squarespace, Inc. which is located in the US applies the safeguards pursuant to the EU-US Privacy Shield. You can view Squarespace, Inc. privacy protection standards at https://www.squarespace.com/privacy.

·        We share your email address with The Rocket Science Group LLC d/b/a MailChimp (“MailChimp”) for purposes of distributing emails for our Newsletter. MailChimp is located in the US and applies the safeguards pursuant to the EU-US Privacy Shield; You can view MailChimp’s  privacy protection standards at https://mailchimp.com/legal/ privacy/.

·        We share information with Exit Games Inc., for the matchmaking feature of our game, which is located in the US. We only share information with Exit Games Inc. because it is necessary to fulfill our contractual obligation to provide you with the Game (pursuant to GDPR Article 49(1)(b). You can view Exit Games Inc. privacy protection standards at https://www.photonengine.com/.

·        We share information with Unity Technologies ApS, for crash reports of our Game, which is located in the US. We only share information with Exit Games Inc. because it is necessary to fulfill our contractual obligation to provide you with the Game (pursuant to GDPR Article 49(1)(b)). You can view Exit Games Inc. privacy protection standards at https://unity3d.com/legal/privacy-policy.

Parental Control. Children Under Sixteen. If your child is under 16 and you believe that your child subscribed to our Newsletter, please contact us immediately at privacy@megafaunalabs.com and we will work with you to determine if this is the case and grant you the rights under this Section.

Complaints. If you believe that your rights described in die Privacy Policy are violated or you believe that we have not held ourselves to the standards to protect your privacy rights as described in this Privacy Policy, you have the right to lodge a complaint with the respective supervisory authority in the country of your residence.  

MISCELLANEOUS

California Privacy Rights. California Civil Code section 1798.83 permits customers who are California residents to request certain information regarding disclosure within the immediately preceding calendar year of that resident's personal information to third parties and in some cases affiliates for their direct marketing purposes. To make such a request, contact us through the information provided below. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through the email address. For your protection, you will be required to provide proof of your identity to obtain a copy of your Personal Information.

Changes To The Privacy Policy. We may update this privacy policy from time to time, so please review it frequently. We will post any new or updated privacy policy on our Website, make the new privacy policy accessible in Thunderballs and attempt to notify you by email using the email address provided to us through the registration process, if applicable

The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting this privacy policy to check for any changes.

HOW TO CONTACT US

For further information on our privacy policy, for questions on information that we may have collected from you, or questions about our service providers’ privacy policies and collection and use practices please contact us with the information below:

Megafauna LLC
540 President St., 3rd Floor
Brooklyn, NY 11215
privacy@megafaunalabs.com