DEEP GAMES, LLC   |                USER PRIVACY POLICY

Last Update: June 5, 2024

Welcome to Deep Games!

This privacy policy will explain what information we collect online, why we collect it, and the choices we offer to you.

This privacy policy (“Policy”) describes the information practices of Deep Games LLC (“Company”, “we”, “our” or “us”), covering services under our control, including the websites we maintain (https://deepgames.gg/, https://queensbrothel.com/), the games we provide, and the social media pages we operate, as well as any other website or mobile application (collectively "Services"). This Policy is made available prior to your use of the Services. By using the Services, you acknowledge that you have had an opportunity to read this Policy and understand that we will process your information in the manners provided in this Policy. This Policy makes up a series of documents that govern the use of our Services, including our Terms & Conditions (“Terms”) and End User License Agreements (“EULAs”). If you do not agree with our Policies, Terms, or EULAs, please do not use our Services.

Your privacy is not a tradeable asset to us. We don’t sell personal information, and we’re not in the business of information monetization or otherwise profiting off your information. However, certain modern operations, like troubleshooting, completing transactions, and improving our games, do require some information from you and the third parties involved. To that extent, you’ll find the information we collect on our users is largely based on industry practices and secured by our highest standards.

I.             OUR ROLES

Deep Games functions in both capacities of a Data Processor and a Data Controller, managing personally identifiable information (“PII”), device identifiable information (“DII”), and other information (collectively, your “User Information”) with respect to the nature of interaction with our Services.

A.           DATA PROCESSOR

As a Data Processor, Deep Games processes user information on behalf of third-party platforms (e.g., Discord, Patreon, Steam, Itch.io, X / Twitter, and YouTube) following their specified instructions. This role is focused on supporting our game titles and partnerships through information processing activities determined by these third parties, without making decisions regarding the objectives or methods of information use.

B.           DATA CONTROLLER

When acting as a Data Controller, Deep Games determines the purposes and means of processing user information. This applies to interactions directly with our Services, including decisions on information collection, use, security, and storage, in compliance with applicable privacy legislation.

Understanding our dual roles is important for you to know how and when you can exercise your privacy rights. As a Data Processor, your rights in relation to the information processed on behalf of third parties should be directed to the respective data controllers. As a Data Controller, Deep Games directly manages how user information is used, allowing you to exercise your rights with us directly, such as requesting access to, correction, or deletion of your user information.

II.           INFORMATION COLLECTION

We may collect user information through the Services about your use and how you use them.

A.           AGE REQUIREMENTS

Our Services are not intended for users under the age of 18, and we do not knowingly collect user information from children. In some geographical areas, our Services may not be accessible to anyone under the age of 18, regardless of whether a parent or guardian has provided consent.

If you are under 18, we request that you do not submit information through any of our channels. If we later learn that we have inadvertently gathered user information from a child under the age of 18, regardless of where that child resides, we will remove this information from our records as quickly as possible.

If you believe we have any user information from or about a child under 18, please contact us at privacy@deepgames.gg, and we will promptly take the necessary steps to remove all such information.

B.           INFORMATION CATEGORIES

The type of user information we collect depends on how you use the Services. Generally, we have collected the following information over the past 12 months:

• Identifiers / Contact Information: Name, username, gamertag, email address, phone number, unique IDs, mobile device ID, platform ID, gaming service ID, advertising ID (IDFA, Android ID) and IP address.
• Protected Characteristics: Age and gender.
• Commercial Information: Purchase and usage history and preferences, including gameplay information.
• Billing Information: Payment information, limited to the last 4 digits of the user’s credit / debit card.
• Device and Usage Information: Device type, software and hardware details, language settings, browser type and version, operating system, and information about how users use and interact with the Services (e.g., content viewed, pages visited, clicks, scrolls).
• Visual Information: Account photos, images, and avatars.
• Sensitive Information: Potentially sensitive contents of communications via chat features and functionality.

III.         INFORMATION SOURCES

The way we obtain user information depends on how you use the Services. For example, we collect user information:

• When you provide information directly to us, such as when you sign-up for marketing or contact us.
• From third parties, such as business partners, third party information providers, and other players; from third-party platforms, such as when you play our games or access our Services with third-party accounts.

A.           FROM YOU

You provide us with user information when you use the Services, such as when you:

• Use the Services;
• Subscribe to marketing and communications;
• Comment on our message boards, forums, chat rooms, feeds, sites, or other Services;
• Purchase or redeem one of our products or Services;
• Download, install, or access demos, games, or other software;
• Contact us for support or other purposes;
• Use our email or share features;
• Participate in an activity where you provide your information.

Depending on the Service or your activity, we collect user data such as your name, email address, phone number, photo, payment or purchase data, age, gender, platform ID, software products played, survey data, and the systems or platforms you play on.

Payment information specifically refers to your proof-of-purchase information when you procure or redeem one of our products or Services. The scope of this information varies depending on the chosen payment platform but may include your name, email address, phone number, and, for billing, details like the last four digits of your payment card, full name, and IP address for transactions processed through specific platforms like Itch.io.

B.           FROM THIRD PARTIES

We collect information when you access our Services with third-party platform accounts, such as a gaming platform account, gaming network service account, or social networking service account. When you access our Services in this way, the third-party platforms provide us with information about you.  For example, depending on your use of, or activity on the third-party platform, we receive your username, your friends list, or account information necessary to provide the Services. The third-party platform may allow you to control what information is provided to us. We are not responsible for the terms, policies, disclosures, or actions of any third-party platforms.

We receive information from third parties to update the information that we collect about you. We may receive information from public databases, platform manufacturers, analytics providers, game developers, and other business partners involved in providing the Services to you, that includes demographic information and information about your interests.  We may collect publicly available information, including from social media, to protect our users, employees, facilities, and Services, and to aid investigations. We also receive information from other individuals who use our Services. This may include information about you if you are mentioned in comments on the Services or an individual sends us a direct message.

C.           AUTOMATICALLY

1.           From Your Device

When you use the Services, we automatically receive information about your experience. This includes device and usage data; gameplay data; and log data.

• Device and usage data. We may collect device and usage data, such as your IP address, device type, operating system, browser type, and usage data.
• Gameplay data. Gameplay information includes your platform ID or gaming service ID, game achievements, game scores and performance, IP address, MAC address or other device IDs, other platform / device data, and other information and statistics regarding your use of the Services. We collect gameplay information even if you do not register for the Services. 
• Log data. We may collect log data, including details of how you used our Services, device data, and any events that occur in relation to your use of our Services to help us improve our Services and diagnose and fix any issues that may arise.

2.           No Cookies or Other Tracking Technologies

We do not use cookies, web beacons, pixel tags, Flash cookies, Internet log files, software development kits, or similar tracking technologies for collecting or storing information about our users. Our commitment to maintaining the functionality and security of our Services is achieved through alternative, non-invasive means that respect our users' privacy and autonomy.

As such, our systems do not respond to Do Not Track (“DNT”) requests or headers from browsers, simply because we do not employ the tracking methods that typically necessitate such responses. Our approach ensures enhanced security and fraud prevention without compromising the privacy of our users.

Given our policy of not utilizing these technologies, users will not encounter:

• Essential cookies that remember preferences, login details, or other settings.
• Performance cookies that collect information on website usage.
• Functional cookies that remember user preferences and settings.

You can control your cookie settings through your web browser. Most web browsers allow you to control the types of cookies that are set on your device, and to delete cookies that have already been set. However, disabling certain types of cookies may affect your browsing experience on our website. Refer to Section IX.  YOUR CONTROLS, for additional information about our use of cookies and similar technologies and your ability to manage cookies.

IV.          INFORMATION PROCESSING

We use user information collected from our Services to provide, maintain, and improve our Services, to develop new Services and offerings, and to protect us and our users.

A.           PURPOSES

1.           Business Purposes

Deep Games uses user information to support and enhance the delivery of our Services. This includes:

• Responding to user inquiries, fulfilling service requests, and maintaining open communication.
• Personalizing user experiences, such as remembering preferences and settings, and facilitating connections with other users and third-party platforms.
• Providing technical support and addressing service-related issues.
• Analyzing service usage to inform the development of new products and improve existing Services.
• Conducting internal reviews, marketing studies, and demographic analyses to guide business decisions.
• Ensuring the security and integrity of our Services by preventing fraud, policy violations, and managing risk exposure.
• Interacting with third-party platforms on the user's behalf, as authorized through the Services.
• Engaging in processing activities as explicitly agreed upon by users or as notified at the point of information collection.
• Complying with applicable legal requirements and enforcing our Terms of Service.

2.           Commercial Purposes

For commercial endeavors, we use user information to:

• Deliver personalized content, promotions, and advertisements to users across various platforms and channels, including email, text messages, and social media, either directly or through our partners.
• Inform users about new Services, updates, and promotional offers.

B.           LEGAL BASIS

For users in jurisdictions requiring a clear legal basis for information processing:

• We process information to fulfill our contractual obligations, provide requested Services, and facilitate online gameplay.
• Information processing is carried out in compliance with legal obligations.
• We pursue legitimate interests or those of our partners to enhance our offerings, understand user preferences, perform marketing activities (where consent is not required), support our operations, and enforce our policies.
• To protect the vital interests of users or others where necessary.
• With explicit user consent for specific processing activities, including marketing communications and integration with third-party services.

V.            INFORMATION SHARING

Deep Games shares user information under specific circumstances to support our Services, comply with legal requirements, and enhance user experience.

A.           GENERALLY

We share your information for the following reasons:

• With Consent. We share information with companies, organizations, or individuals outside of Deep Games when we have your explicit consent.
• For Service Provisioning. Trusted partners and affiliates process information on our behalf, based on our instructions and in line with our privacy practices, to support our service delivery and operations.
• Legal and Safety Reasons. Information is disclosed to meet legal requirements, protect our rights, and ensure the safety of our users and the public. This includes responding to legal processes or addressing fraud and security issues.
• Business Transfers. In events like mergers or asset sales, your information may be part of the transferred assets. We will notify you in such cases.
• Analytical and Advertising Needs. We partner with third parties for analytics and targeted advertising, sharing aggregated or non-personally identifiable information to improve our Services and offer relevant advertisements.
• Public Forums and Community Engagement. Participation in open communities may lead to public sharing of any information disclosed by you either over public forums (like Discord) or at community events.
• Collaborative Efforts. Information may be shared with third parties for collaborative services or promotions, with clear communication at the time of collection for your informed decision.

You have control over your user information, including choices about how we share your user information with third parties for advertising and analytics. For more details, see Section IX. YOUR CONTROLS.

B.           CATEGORIES OF THIRD PARTIES

We disclose your user information for business purposes to the following categories of third parties:

• Authorized Representatives. Individuals or entities authorized by you to act on your behalf, including but not limited to, legal advisors, agents, or other representatives managing transactions, disputes, or legal matters.
• Affiliates. This category includes companies within the Deep Games family, such as subsidiaries, parent companies, or other entities under common control, sharing resources to provide and improve Services.
• Service Providers. External organizations that provide essential services on our behalf, including but not limited to, web hosting, data analytics, payment processing, customer support, email distribution, and marketing efforts.
• Advertising and Analytics Partners. Third-party advertisers and analytics providers that collect information to serve targeted advertising and to furnish Deep Games with analytical insights concerning service usage and user preferences.
• Legal and Regulatory Authorities. When required by law or to protect our rights and safety, user information may be shared with law enforcement, regulatory agencies, or other governmental bodies.

Deep Games is committed to partnering with entities that uphold robust privacy practices. However, our Privacy Policy does not cover third-party services or products linked from our Services. We do not oversee the privacy policies or settings of third-party sites, including social networks. For further information, please see Section IX. YOUR CONTROLS for the relevant privacy policies for each third-party we work with. 

C.           PUBLIC INTERACTIONS

When participating in our services or engaging on platforms that host our Services, be aware that certain information, like your username or ID and gameplay statistics, may become publicly visible. This includes:

• Online Presence: Your activities within games and on social networks, including statistics and achievements, can be shared on our services or on third-party websites dedicated to gaming.
• Service Integration: Utilizing features that allow game activity sharing on third-party platforms subjects you to their privacy policies and terms. Your actions and the data shared are governed by these external policies.
• Aggregated Displays: We may aggregate data from various services to display publicly, which could include your in-game achievements and account name, enhancing the shared gaming experience.
• Public Contributions: Posting personal data, images, or videos in public forums, or including personal information in your username or ID, makes this information accessible to others. Public forums offer no expectation of privacy. Therefore, we advise against sharing sensitive personal data in these settings.

You are responsible for any data or content you publicly post using our Services. We urge you to exercise caution and consider the public nature of information shared through these platforms.

VI.         INFORMATION STORAGE & RETENTION

We store and process your information in the United States. We'll keep your information for as long as necessary to provide you with the Services, fulfil our legal obligations, and/or exercise, defend or establish our rights.

A.           STORAGE

When you access our Services, including when available on third-party platforms, your personal information is generally collected by us directly and processed in the United States. Personal information we may collect may be subsequently stored and processed for the purposes set out in this Privacy Policy in the United States or any other country in which we, our subsidiaries, or third-party agents operate. By consenting to the transfer of your personal information outside of your country of residence, you acknowledge that your personal information may be transferred to recipients in the United States and other countries that may not offer the same level of privacy protection as the laws in your country of residence or citizenship.

B.           RETENTION

We retain the information we collect in accordance with our Retention Policy, for as long as necessary to provide our Services, and we may retain that information beyond that period if necessary for legal, operational, or other legitimate reasons.

We retain your information for as long as necessary to provide you with or to administer our Services. If you wish to delete your information or request that we no longer use your personal information to provide Services to you, contact us at privacy@deepgames.gg.

We may still retain some of your personal information in our files for a reasonable period of time to resolve disputes, enforce our terms and policies, administer our Services, comply with technical and legal requirements, and/or other constraints related to the security, integrity, and operation of our Services, after which we will take steps to delete or archive your personal information.

Where possible, we may also de-identify, anonymize, or aggregate the information we may collect, or may collect it in a way that does not directly identify you. We may use and share such information as necessary for our business purposes and as permitted by applicable law.

VII.        INFORMATION SECURITY

We take the security of your personal information seriously and take appropriate measures to protect it. We use a variety of physical, technical, and organizational measures to safeguard your personal information against accidental, unauthorized, or unlawful access, use, or disclosure. We also require our third-party service providers to take appropriate security measures to protect the confidentiality and security of your personal information.

Our information protection practices include multifactor authentication, database encryption, secure transport for API requests, and access controls. We regularly examine and refine our security practices to ensure that they are up to industry standard in compliance with applicable laws, regulations, and industry standards.

Despite our best efforts, no security measure is entirely foolproof. We cannot guarantee the security of your personal information, and we cannot be responsible for unauthorized access to or theft, alteration, or destruction of your personal information. You are responsible for keeping your login credentials and passwords confidential. If you believe your account has been compromised, please contact us at privacy@deepgames.gg.

If we become aware of a data breach that affects your personal information, we will notify you as required by applicable law. We will also take appropriate measures to mitigate the impact of the breach and prevent future occurrences.

Please note that our Services may contain links to third-party websites or Services. We are not responsible for the security or privacy practices of those websites or Services, so we encourage you to review their privacy policies and terms of use before using or accessing them.

VIII.      YOUR RIGHTS

We believe that respecting your privacy and providing you with control over your personal information is fundamental to our relationship with you. We understand that you have a right to make choices about how your information is used and shared.

Depending on your location, you may have certain rights over your user information, including the right to:

• Request access to or a copy of your user information.
• Request deletion of your user information.
• Request correction or modification of your user information.
• Be informed about the user information we collect and/or process about you, the sources of user information, and the third parties with whom information was shared or sold and for what purposes.
• Withdraw consent, if processing is based on consent.
• Opt-out of the sale or sharing of your user information (including targeted advertising).
• Opt-in/out of financial incentives.
• Limit the use and disclosure of your sensitive user information.

You can make an information rights request in relation to your user information by contacting us at privacy@deepgames.gg. We will respond to information requests within a month. We may take steps to verify your identity before we can respond to your request. To the extent these rights apply to you, they may be limited in some situations -- for example when we are under a legal requirement or have a compelling interest for processing your user information, or when the user information is protected by trade secret. If you have unresolved concerns, where applicable, you may also have the right to complain to a privacy authority. A list of privacy authorities is available at https://globalprivacyassembly.org/participation-in-the-assembly/list-of-accredited-members/.

To opt out of the sale or sharing of your data, please contact us at privacy@deepgames.gg, and include “Do Not Sell or Share My User information” in the subject line. To opt out of online personalized advertising more broadly, please see the opt-out options identified in the next Section IX. YOUR CONTROLS. We will not discriminate against you for exercising any of these rights.

You may authorize someone to make a privacy rights request on your behalf (an authorized agent). Authorized agents will need to demonstrate that you've authorized them to act on your behalf or must demonstrate they have power of attorney pursuant to applicable probate law. We retain the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent's identity.

IX.         YOUR CONTROLS

A.           ACCOUNTS

1.           Third-Party Accounts

Our Services integrate with various third-party accounts and platforms, including social media sites such as Discord, Patreon, Steam, Itch.io, X / Twitter, and YouTube. You can customize your privacy settings within your account settings on these platforms to control the information that is shared with us. We encourage you to review the privacy policies and settings of these third-party accounts and platforms.

You can review their policies at the links below:

B.           OPT-OUTS

1.           Email Communications

If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested.

We may also send you non-promotional communications regarding us and our Services regarding our Services or updates to our Terms or this Privacy Policy.

2.           Advertising

If you prefer not to receive marketing messages or sponsored content, please contact us at privacy@deepgames.gg and we will ensure your preferences are updated accordingly.

Some third-party Services we use may offer opt-out options to their information collection practices. You can find information about how to opt-out of these Services by visiting the following links:

• Google: Google Analytics Opt-Out (https://tools.google.com/dlpage/gaoptout)
• Facebook: Facebook Pixel Ads Preferences (https://www.facebook.com/ads/preferences/)
• X / Twitter: X / Twitter Personalization Settings (https://twitter.com/personalization)

C.           COOKIE CONTROLS

You may stop or restrict the placement of cookies on your device or remove them by adjusting your preferences as your browser or device permits. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS and others.

The online advertising industry also provides websites from which you may opt out of receiving targeted ads from information partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.

Please note you must separately opt out in each browser and on each device.

If you have any questions or concerns regarding your privacy choices or how we handle your personal information, please do not hesitate to contact us at privacy@deepgames.gg. You can also contact the support teams for each platform if you require further assistance managing your privacy settings.

X.           GENERAL PROVISIONS

A.           POLICY UPDATES

Our Privacy Policy may change from time to time. We will post any Policy changes on this page and within the settings of any mobile apps. Please check back periodically to view changes to our privacy policy. If there are material changes to this Policy, we will use reasonable efforts to notify you either by prominently posting a notice of such changes before they take effect or by directly sending you a notification.

B.           CONTACT US

If you have questions about this Policy or our privacy practices, please contact our Information Protection Team at privacy@deepgames.gg.

C.           CONTACT A DATA PROTECTION AUTHORITY (DPA)

If you have a concern about how we may collect and use information, please contact us. You also have the right to contact your local Data Protection Authority (“DPA”) if you prefer.

To contact your local DPA, refer to the links below:

• EEA - DPA Directory
• UK - Information Commissioner’s Office (ICO)
• Canada - Office of the Privacy Commissioner (OPC)

Where appropriate, your local DPA may also forward the matter to the Department of Commerce or FTC for consideration.

Last Updated: June 5, 2024