Last Updated: December 6, 2022
1. What Information Do We Collect and How Do We Use and Share It?
In general, we collect information in three different ways: i) when you provide it to us, ii) automatically when you use our Services, and iii) from service providers and third parties.
i. Information You Provide
Depending on how you interact with our Services, you may be asked to provide certain kinds of information in order to gain access to our Services. For example, if you want to make a purchase through one of the third-party partner platforms we utilize, you will be asked to provide payment-related information (such as your credit card number and expiration date) to complete the transaction.
We also collect information you voluntarily provide to sign up for email alerts, social features such as forums and chat on our Patreon page, our Ko-Fi page, and Discord server, registration and subscription to our Patreon to gain access to our Discord server and early access to pre-release content and beta builds of our games, or contacting us via email with technical requests or questions. We collect whatever information you choose to provide to us in those or other similar instances.
ii. Information We Collect Automatically
Technical information about your computer, device, hardware, or software you use to access our Services, such as IP address, device identifiers, your internet service provider, plugins, or other transactional or identifier information for your device (such as device make and model, information about device operating systems and browsers, game data processing, or other device or system-related specifications) may be transmitted to us. The IP address information that we collect may indicate to us the general location of your device.
Please note that the third-party platforms through which we sell our games may also use automated means of data collection and may record information about your use of our Services. That collection of information is subject to those third parties’ privacy notices and policies.
iii. Information Collected from Third Parties
In some cases, we may also receive information about you from service providers and third-party platforms in connection with your use of our Services or your interactions with us on other platforms. For example, if you purchase one of our games or game content from a third-party platform (like Steam), the company that operates that website or service may share some information with us in accordance with their own privacy practices. Your privacy settings on the other company’s website or service typically control the specific types of information they can share with us, so please be sure to review and update them regularly.
iv. How We Use Your Information
We may use the personal information that you provide in one or more of the following ways:
• to carry out our obligations arising from your purchase of our Services or any other contract entered into between you and us;
• to enable features such as location-specific pricing or logging, and retrieving and providing analysis of data;
• to send you important notices, such as communications about changes to our terms, conditions, or policies;
• to process payments and send you communications in connection with processing and collecting payments;
• to verify the information you provide through our Services;
• to solicit input and feedback to improve our Services and customize your user experience;
• to enable you to communicate with other Service users via private messaging or other Service-specific communication channels;
• to contact you via email, telephone, text, or chat in a manner required by law;
• to meet contractual obligations;
• to send you reminders, technical notices, updates, security alerts, support and administrative messages, and service bulletins;
• to inform you about new products or promotional offers, or other opportunities which we feel will be of interest to you, and to provide advertisements to you through our Services, email messages, text messages, applications, or other methods of communication;
• to provide customer service and technical support;
• to administer surveys, sweepstakes, giveaways, contests, or similar promotions or events sponsored by us or our partners;
• to prevent fraud or potentially illegal activities, enforce our sites' Terms of Service; [hyperlink to TOS page], or to comply with applicable law;
• for internal purposes such as auditing, data analysis, and research to improve our products, services, and communications;
• to run (or authorize third parties to run) statistical research on individual or aggregate trends.
In addition to the uses described above, we may use personal information that we collect for other purposes that are disclosed to you at the time we collect the information, or with your consent.
We may use information collected from you through cookies and other tracking technologies in one or more of the following ways:
• to remember you when you return to our Sites;
• to understand and analyze trends, to monitor usage, and learn about user behavior;
• to gather demographic information about our user base as a whole;
• to customize ads, content, or offers on Services; and
• to conduct market research and measurement in order to improve our Services and to make our Services more useful for users.
We may also process information that does not identify you individually, including aggregate or de-identified information that we create or collect from other sources. This information helps us better understand larger groups of users. If we combine this information with information that identifies you, we will treat it as described in this Policy. Please note, however, that this Policy does not restrict our ability to process information that does not individually identify you, and we may use and disclose aggregated or de-identified information for any reason permitted by law.
v. How We Share Your Information
We may share your personal information with third parties in the following circumstances:
• when we engage third parties to perform services on our behalf, such services include maintenance, hosting, data storage, security, analytics and data analysis, payment processing, marketing, email and text message distribution, customer service, and surveys and sweepstakes;
• when you communicate with us by email, submit an online form through our Services, purchase a product or service, or otherwise submit a request through our Services;
• to process or respond to your request, provide you with the products or services you requested, or complete a transaction;
• where necessary to operate our Services, your personal information and the contents of all of your online communications on or through our Services may be accessed and monitored:
o to satisfy any applicable laws or regulations;
o to defend ourselves in litigation or a regulatory action;
o in order to protect the rights or property of Jenny Pham LLC, including to enforce our Services' Terms of Service [hyperlink to TOS page];
o when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a subpoena, court order, or search warrant);
o where we believe our Services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and risk management; and
o when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person, or the public generally.
• in the event of a merger, acquisition, debt financing, restructure, sale of Jenny Vi Pham LLC’s assets by or with another company, or a similar corporate transaction, we may need to disclose and transfer all information about you, including personal information, to the successor company;
• we may share information about you with Jenny Vi Pham LLC’s subsidiaries and affiliates and companies acquired by or merged with Jenny Vi Pham LLC’s and its affiliates, including without limitation, to enable such acquired or merged companies to advertise to you products and services in which you may be interested;
We may share personal information about you for any other purpose(s) disclosed to you at the time we collect your information or with your consent.
We may also share information that does not identify you with third parties, including aggregate or de-identified information. Third parties you interact with through our Services may have different privacy practices than us, so we encourage you to review their privacy policies before sharing your information with them.
2. Your Choices Regarding Data Collection
You have choices over the personal information we collect. The specific choices available to you often vary depending on the exact nature of our relationship with you, such as the Services you are using and if a third-party platform is acting as an intermediary. Common examples include:
• You can request that we provide access to, or that we correct or delete, personal information we’ve collected from you. Please submit requests to access, update, or delete personal information by reaching out to us at firstname.lastname@example.org. Please note that we may ask you for additional information to help us verify who you are before completing your request.
• You can change your privacy settings on other parties’ websites (such as social networks) or platforms to limit the information they may share with us.
• You can change your browser or mobile device settings to block, manage, delete, or limit tracking technologies like cookies.
Some parts of the world provide individuals with specific choices related to their personal information by right under local law.
3. Storing Personal Information
We retain your personal information as needed to provide you with our Services. Additionally, we may retain personal information for however long is reasonably necessary to comply with our legal or regulatory obligations, resolve disputes, prevent fraud and abuse, enforce our Terms of Service [hyperlink to TOS page] or any other contract entered into between you and us, or if it is not technically feasible to delete your personal information.
4. Protecting Personal Information
We use reasonable and appropriate administrative, physical, technical, and data security procedures and controls to safeguard your personal information against unauthorized access, disclosure, loss, misuse, and alteration.
We use third-party service providers to manage credit card and payment processing. These service providers are not permitted to store, retain, or use billing information except for the sole purpose of credit card and payment processing on our behalf. When you enter payment information to be processed by our third-party service providers, we do not store it on our systems.
It is important to remember, however, that no system can guarantee 100% security at all times. Accordingly, we cannot guarantee the security of information stored on or transmitted to or from our Services. We cannot assume responsibility or liability for unauthorized access to our servers and systems. When disclosing any personal information, you should remain mindful of the fact that it is potentially accessible to the public and, consequently, can be collected and used by others without your consent. Accordingly, you should carefully consider if you want to submit sensitive information that you would not want disclosed to the public and should recognize that your use of the Internet and our Services is solely at your risk. You are ultimately responsible for maintaining the secrecy for all your personal information.
5. Linked Websites and Services
We may also provide social media features on our Services that enable you to share personal information with your social network(s) and to interact with our Services. Depending on the features, your use of these features may result in the collection or sharing of personal information about you. We encourage you to review the privacy policies and settings on the social media site(s) with which you interact.
6. California Privacy Rights
The California Consumer Privacy Act of 2018 (“CCPA”) provides consumers residing in California certain rights with respect to their personal information. If you are a California resident, you may have the right to: (1) request to know more about the categories and specific pieces of personal information we collect, use, and disclose; (2) request deletion of your personal information; (3) opt out of sale of your personal information (if any); and (4) not be discriminated against for exercising these rights.
You or your authorized agent may make these requests by contacting us as at email@example.com. Please note that we may ask you for additional information to help us verify who you are before completing your request. If we receive your request from an authorized agent, we may ask for evidence that you gave that person authority to submit requests to exercise rights on your behalf. We will not discriminate against you if you exercise your rights under the CCPA.
In the past 12 months, we have collected the following categories of personal information, as described in the CCPA:
• Identifiers (such as email addresses)
• Demographic information (like ages);
• Commercial information (including entitlements or purchase history);
• Internet or electronic network activity (for example, gameplay or website usage details);
• Geolocation information (such as may be derived from your IP address or included in your billing information);
• Other “personal information” as defined under California law (like your credit or debit card information); and
• Inferences drawn from any of these categories (for example, about the genres of games you may prefer to play based on your purchase history).
• For details about the precise data points we collect and the categories of sources where we got that information, please see “What Information Do We Collect and How Do We Use and Share It?” above. We collect personal information for the business and commercial purposes described in “How We Use Your Information” above.
Jenny Vi Pham LLC does not sell the personal information we collect. We do, however, disclose personal information as described in this policy (see “How We Share Your Information” above). In the past 12 months, we have disclosed personal information to the following categories of recipients:
• Other users (for example, if you use chat or social features on the Jenny Vi Pham Patreon forum or ERROR143 Discord server or Ko-Fi forum);
• Service providers (as described in “How Do We Share Information?” above);
• Operating systems and platforms; and
• Government entities or other third parties in response to a legal request.
7. Other Applicable California Privacy Rights
Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your personal information with third parties. If you reside in California and you have provided us with your personal information, you may request information about our disclosures of certain categories of your personal information to third parties for direct marketing purposes. To make such a request, please email us at firstname.lastname@example.org with “California Privacy Rights” in the subject line and allow 30 days for a response. We are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
In accordance with Section 22581 of the California Business and Professions Code if you are a California resident under the age of 18, you may request and obtain the removal of content or information you have publicly posted. To make such a request, please email us at email@example.com with “California Privacy Rights” in the subject line. Please specify the Service(s) to which your removal request relates, including any URLs where the content or information is posted, and the specific content or information you posted for which you are requesting removal. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
8. European Privacy Rights
If you are a resident of the European Economic Area (EEA), the United Kingdom (UK), or Switzerland, you have certain rights regarding how your personal data is processed. You may opt-out of us processing your personal information (or providing it to third parties to process) for direct marketing purposes (including promotional e-mails and other forms of direct marketing) or purposes materially different than for which it was originally collected or subsequently authorized by you. If you wish to exercise this choice, please e-mail us at firstname.lastname@example.org. We will try to make the requested changes in our Services and systems as soon as reasonably practical.
You also have the right to make a complaint against us by contacting your local supervisory authority for data protection (if one exists in your country). We would, however, appreciate the chance to address your concerns before you contact a data protection regulator, and ask that you direct your complaint to us first.
Please reach out to us at email@example.com to exercise any of these rights or with any relevant concerns you may have. You can find more details about your local Data Protection Authority as follows:
9. Children's and Minor's Privacy
We do not knowingly collect personal information from children under the age of 13 or utilize plug-ins or ad networks that collect personal information through child-directed third-party websites or online services. If we learn that we have collected personal information from a child under 13, we will take steps to promptly delete such information.
10. Contacting Us
Depending on the specific Service you are using or specific interactions you have with us, we may provide different or supplemental privacy statements that describe and govern how we use your personal information. When we do so, those different or supplemental privacy statements apply to that specific Service you are using or those specific interactions you have with us.
If there is any conflict between the English version of our Privacy Statement and a version translated in another language, the English version controls.