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PRIVACY POLICY

This Privacy Policy (“Privacy Policy”) describes the policies of OTHERGATE LLC (“Othergate,” “we,” “us,” or “our”) regarding the collection, use, and disclosure of your personal information and non-personal information while using the game known as DUNGEONS OF ETERNITY (“Game”), accessing our website, and accessing our Discord chat server or other communication channels moderated by us (the Game and the aforementioned website and communications channels are collectively referred to as the “Services”).

 

 

1.           THE INFORMATION WE COLLECT AND PROCESS

 

Othergate collects personal and non-personal information from you when you use the Services and from other sources. Othergate may collect the following information from you:

 

  • Personal Identifiers (including information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). We collect personally identifiable information, such as your online/account username, IP address, and geolocation data. .

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  • Information in Communications to Us. We collect any information that you provide to us in communications, chats, forms, phone calls, or through other forms of communication with us.

 

  • Hardware and Software Information. There is also information about your hardware and software that may be collected by us when you use the Services. This information can include: your IP address, browser type, access times, hardware, version of hardware, gameplay data, and usage data.

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  • Information from Other Sources. We may collect information such as contact details (for example, name and email address), country, IP address, purchase histories, marketing preferences, cookie information, hardware and software information and other technical information about you from other sources such as vendors, social media, or third-party sources.

 

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2.           HOW WE PROCESS AND RETAIN THE INFORMATION WE COLLECT

 

Othergate will collect and process the information described above. Examples of how we will collect your personal and non-personal information include:

 

  • When You Download the Game or Use the Services. We collect personal and non-personal information from you when you download or use the Game or Services. This information includes personal identifiers, geolocation data, personal demographic information, hardware and software information, , and other related information.

 

  • When You Play the Game. We collect personal and non-personal information from you when you download and play the Game. This information includes personal identifiers, personal demographic information, hardware and software information, , and other related information.

 

  • When You Communicate with Us or Others. We collect personal and non-personal information from you when you communicate with us or with others while using the Services. We may collect information from you via registration forms, marketing emails, questionnaires, help tickets, surveys, or other communications. We may also collect information through analytics and internet-based ads, including partnerships with third parties (like content providers, analytics companies, and advertising networks). These companies may collect info from you automatically in connection with your visit to their app or webpage.

 

  • Cookies. We may use “cookies” to collect information from you. Cookies are small pieces of data that are stored on your mobile phone or other device when you first visit a page. You can control and/or delete cookies as you wish – for details, see https://www.aboutcookies.org/. You can delete all cookies that are already on your computer, and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site, and some services and functionalities of the Services may not work as intended by Provider.

 

We store the information collected for as long as necessary to fulfill the purposes of our information processing or, if longer, to comply with legal obligations, to resolve dispute, to enforce agreements, and to carry out other essential purposes. We determine the retention period for each of the categories of personal information listed above based on (1) the length of time we need to retain the information to achieve the business or commercial purpose for which it was obtained, (2) any legal or regulatory requirements applicable to such information, (3) internal operational needs, and (4) any need for the information based on any actual or anticipated investigation or litigation.  We will delete your information when you request that your information be deleted, when you delete your account, when the information is no longer necessary to fulfill a stated purpose, or when deletion is required by law or regulations. After the applicable retention period, we will either delete or de-identify your data or, if neither deletion or de-identification is possible (for example, due to data being stored on a backup server), isolate your data from further processing until deletion or de-identification is possible. We may continue to use data that is not identifiable to you (for example, aggregate data).

 

We may process and store info we collect anywhere that we or our partners operate, including in other countries. These countries may have different data protection laws than the country where you live. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal info.

 

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3.           THE PURPOSE OF OUR INFORMATION PROCESSING AND SHARING

 

Othergate uses and shares your information for certain purposes. Those purposes include:

 

  • To deliver, manage, and improve the services related to the Services.

  • To set up and provide ongoing support for the Services.

  • To set up and maintain your account with us.

  • To contact you regarding the Services, this Privacy Policy, invoices, technical notices, updates, alerts, support notices, and other related information.

  • To improve the Services, troubleshoot the Services, and maintain and improve functionality and security.

  • To prevent and investigate misuses of the Services, fraud, and other illegal activity.

  • To comply with the law or respond to legal process.

  • To perform any other function or purpose with your consent.

  • To share with our corporate affiliates and subsidiaries.

  • To share with third-parties that perform services to support our business or the Services. This may include game or app platform providers, database administrators, computing services, payment processors, and technology service providers.

  • To support audit, legal, or other compliance and governance functions.

  • To facilitate a change in ownership or control of Othergate.

  • To comply with legal obligations, establish our legal rights, or defend our legal rights.

 

We will not directly sell for money, rent, or lend your information to third-parties for cross contextual behavioral advertising purposes or marketing purposes.

 

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4.           YOUR PRIVACY RIGHTS

 

Residents of some states and countries have rights with respect to their personal information. Below are rights that you may have depending on your state or country of residence.

 

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For United States Residents, your state consumer privacy laws may provide you with additional rights related to the collection, use, and disclosure of your information. States such as California, Colorado, Connecticut, Iowa, Nevada, Utah, and Virginia have enacted state-specific privacy laws. These laws may provide you with the following rights:

 

  • The right to access your personal data;

  • The right to correct inaccuracies in your personal data;

  • The right to delete or limit your personal data;

  • The right to obtain a copy of your personal data in a portable format;

  • The right to nondiscrimination; and

  • The right to opt out of processing for purposes of the sale of personal data, advertising, or profiling.

 

You are encouraged to review your state-specific laws and regulations to understand the privacy rights you may be entitled to enforce.  

 

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For California Residents, The California Consumer Protection Act (the “CCPA”) and the California Privacy Protection Act (“CPRA”) (collectively “California Privacy Rights”) provides consumers that are California residents with specific rights regarding their personal information.

 

Othergate will collect, use, share, and sell your personal information as described in the foregoing sections of this Privacy Policy. California residents can request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not share our customer's personal information with third parties for their own direct marketing purposes, without their approval. For inquiries regarding our disclosure policy, please contact us via the methods stated in the “Contact Us” section below.

 

As a California resident and consumer, you have the right to:

 

  • Know what personal information is collected, disclosed, shared, or sold about you. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months.

 

  • Request deletion of personal information. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions.  Once we receive your request and verify the request is coming from you or your authorized representative, we will delete your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us to complete the transaction for which we collected the personal information, provide a good or service that you requested, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities, exercise free speech, exercise another right provided for by law, comply with the California Electronic Communications Privacy Act, comply with a legal obligation, or make other reasonable internal and lawful uses of that information within the context in which you provided it.

 

  • Limit the use of your personal information. You may request to limit our use of your sensitive personal information, as defined in the California Privacy Rights, by contacting us at the email address listed below.

 

  • Correct inaccurate personal information. You have a right to access and correct inaccurate personal information we have collected from you and retained. Once we receive your request and verify the request is coming from you or your authorized representative, we will process your request and update your personal information as necessary. We may deny your correction request if we cannot verify your or your authorized representative’s identity or validate the corrected information you provide.

 

  • Opt out of the sale of your personal information. Although we do not sell personal information, California Privacy Rights requires us to tell you that anyone 16 years of age or older has the right to direct us to not sell or share their personal information at any time (“opt-out”).  We will not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (“opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age.  To exercise your right to opt-out, you or your authorized representative may submit a verifiable request to us by contacting us at the address or phone number listed above.

 

  • Non-discrimination for the exercise of your privacy rights. We will not discriminate against you for exercising any of your California privacy rights.

 

 

For European Residents: If you’re located in the European Economic Area (EEA), the United Kingdom (UK), or Switzerland, you have certain rights regarding how your personal data is processed. Residents of the EEA and UK may be entitled to other rights under the EU General Data Protection Regulation GDPR. These rights include:

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  • The right of information;

  • The right of access;

  • The right to rectification;

  • The right to erasure;

  • The right of restriction of processing;

  • The right to data portability;

  • The right to object;

  • The right to withdraw data protection consent; and

  • The right to lodge a complaint with a supervisory authority.

 

If you wish to exercise any of the foregoing rights, please contact Provider directly via the contact methods described in Privacy Policy. You also have the right to lodge a complaint with a supervisory authority at: https://ico.org.uk/make-a-complaint/.

 

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5.           HOW YOU CAN CONTACT US TO EXERCISE YOUR PRIVACY RIGHTS AND DELETE YOUR DATA

 

Please contact us via the following methods to request to delete your data or otherwise exercise your privacy rights:

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Email: info@othergate.com

 

Before we process such requests, we may ask you to verify your identity.

 

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6.           THIRD-PARTY SERVICES AND APP-STORE TRACKING

 

Othergate works with third-parties to obtain services to support the Services and our operations. We share certain information with third parties who do work on our behalf for the business purposes we describe above. When we do so, we take steps to ensure that personal information is processed, secured, and transferred according to applicable law. The privacy policies of third-parties may vary from our Privacy Policy. Therefore, we encourage you to review their privacy policies before sharing information with them.

 

Othergate makes the Game available for purchase through META and other online stores. We receive aggregated information consistent with this Privacy Policy. However, we do not track or monitor what information about you that may be collected or retained by META, other online stores, your cell phone provider. Therefore, we encourage you to review their privacy policies before sharing information with them.

 

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7.           CHILDREN/MINORS AND PARENTS

 

The Services are intended to be appropriate for general audiences and is not directed to children under the age of 13. We do not knowingly collect or store any personal information from children under 13 in the US or under the relevant age threshold in other jurisdictions where the child is located. However, we may collect technical information required for delivering the service and for the support of our internal operations from all users of the Services. If parents believe that we have unintentionally collected their children’s other personal information or otherwise used their children’s personal information for another purpose, they may contact us via the methods stated in the “Contact Us” section below.

 

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8.           SECURITY

 

We maintain appropriate administrative, technical, and physical safeguards to protect your personal information from accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use and other unlawful forms of processing. If we become aware of a breach that affects the security of personal information about you, we will provide you with notice as required by applicable law. To the extent permitted by applicable law, we will provide any such notice that we must provide to you at your account’s email address. By using the Services, you agree to accept notice electronically.

 

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9.           CONTACT US

 

If you have any questions or concerns about this notice or our privacy practices, please contact us via the below methods:

 

Email: info@othergate.com

 

 

10.         DISCLAIMER AND LIMITATION OF LIABILITY

 

Othergate does not warrant that the functions contained in the Services will be uninterrupted or error free, that defects will be corrected, or that the Services or the server that makes it available are free of viruses or other harmful components. Your use of the Services is at your risk. The provider will not be liable for any damages including direct, indirect, incidental, consequential, or punitive damages, arising out of your access to or use of the Services and however caused, whether in contract or tort. If you become dissatisfied in any way with the Services or its Terms of Use or this Privacy Policy, your sole and exclusive remedy is to stop using the Services. The disclaimers of implied warranties or the exclusion or limitation of certain types of damages may not apply to you if they are not allowed in your state.

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