Privacy Policy

PRIVACY NOTICE

Date: April 14, 2023

Dark Gate Games Entertainment, Inc. (“DGG”), is committed to protecting your privacy. DGG business address is located at 14108 State Road 101, Brookville, 47012, Indiana. This privacy notice applies to the DGG website and DGG online store websites, information collected by those sites and by DGG by telephone and email. This privacy notice governs data collection and usage by DGG for product sales, tournaments, contests, sweepstakes, and related services; it does not apply to other online or offline sites, products, or services. Personal information of all users may be collected, used and disclosed as described below.  This privacy notice does not apply to third-party websites or companies that are not owned or operated by DGG.

We may collect information from the following categories of sources:

• Directly from you and other consumers through your interactions with and use of our websites or services. For example, we collect personal information if you contact our customer service. We may also collect personal information when you contact us or fill out a form, for example if you register to our newsletter.
• When you, or on behalf of a Retailer, make an online purchase of a game or other product.
• Through other online platforms when you sign-in with one of our partners;
• Through automated technologies, online browser tools, and other technologies that can determine your location using your device, as well as cookies, and pixel tags (see the “Automatic Information” section below for more information);
• From government agencies or public records.

Personal Information we collect

As an e-commerce and community website, DGG collects the following personal information (“PI”) from its website visitors:

• Name
• E-mail address
• Home or work address
• Telephone number
• Commercial information (such as product purchases)
• Financial information (such as Credit Card and/or other payment methods)
• Internet or other electronic activity (such as IP address, Cookies, web browser)
• Communications with us, including interactions with us and contacts through social media channels.

Use of your Personal Information

Generally, your PI will be used to provide you with the services you have requested. DGG does not offer financial incentives for the use of PI.  Below are the purposes for which we may use your PI:

• Fulfillment of Requests and Responding to Inquiries. For example, PI collected by DGG from one of Dark Gate Games Websites (see Terms and Conditions on the DGG website for definition) is used for the purpose of billing, shipping, and completing your online purchases.
• Improve Services. DGG may use PI for our internal business purposes, such as developing new products, enhancing our websites and apps, and improving our products, services, and offerings.
• Note that DGG uses third-party marketing tools (such as a Facebook pixel).
• Protection and Security. DGG may use personal information to protect the security and integrity of our websites or systems, and for the protection of DGG, our users, and others.
• Legal and Regulatory. DGG may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on DGG; (b) protect and defend the rights or property of DGG, including its websites; or (c) act under extenuating circumstances to protect the personal safety of users of the DGG websites or the public.

From time to time, we also may combine your PI with information obtained from other sources, including third parties, in order to provide you with more customized Services and product offerings.

We may use PI collected from any of these sources for our internal business purposes, such as data analysis, audits, developing new products, enhancing our services, identifying usage trends and determining the effectiveness of our promotional campaigns.

With whom do we share your Personal Information

DGG shares PI about you to provide you with the services you have requested. DGG does not sell personal information to third parties for business or commercial purposes. However, DGG may share your personal information with the following entities:

• Affiliated Entities. This includes our subsidiaries and company affiliates that are required to use your information consistent with this privacy notice. We share PI with Maki Games BV, the affiliated entity that handles sales in the EU on behalf of Dark Gate Games Entertainment, Inc.
• Third Party Service Providers. DGG occasionally hires other companies to provide limited services on its behalf, such as handling the processing and delivery of mailings and packages, providing customer support, processing transactions, conducting surveys, processing email communications, or performing statistical analysis of our services. We will only provide those companies with the PI they need to deliver the service. Such service providers would be under an agreement to maintain the confidentiality of your information and be prohibited from using that information for any other purpose. We use common carriers to deliver packages and mailings.
• Business Transfers or Assignments. In the event DGG is engaged in any proposed purchase, merger or acquisition of any part of a business, the purchase or sale of our business, or as part of any bankruptcy proceedings, data, and PI is generally one of the transferred assets.
• Law Enforcement, Emergencies; Compliance. We may disclose PI to comply with any applicable law, regulation, and/or legal process or governmental request. We may disclose PI to protect DGG’s rights or interests, including enforcement of our Terms of Use.

• At your direction. We may use and disclose your PI as you otherwise consent, including by your acceptance of this privacy notice. Additionally, if you enter a contest, sweepstakes, or other promotion, the rules may include applicable provisions related to the sharing of PI.

We do not sell your PI or transfer PI to third parties to use for their own benefit; however, we allow certain companies to place tracking technologies like cookies on our sites. Those companies receive information about your interaction with our sites that is associated with your browser or device and may use that data to serve you relevant ads on our sites or others. Except for this kind of sharing, we do not sell any of your information. For more information, please see the section of our policy titled, “Automatic Information” and our Cookie Policy.”

Retention

DGG and Maki Games will retain PI for the length of time needed to fulfill the purposes outlined in this privacy policy and for account history purposes unless a longer retention period is required or permitted by law or when needed to manage disputes and claims. Data may also be kept for studies and statistics after having been processed so as to prevent it from being reassigned to identified persons. DGG and Maki Games BV may also need to retain documents that contain PI for a longer period to comply with preservation obligations in litigations and government investigations.

Automatic Information

“Automatic Information” is information automatically collected by our webserver (which may be hosted by a third party) or third-party services (such as Google Analytics) that your web browser automatically makes available to us whenever you visit our website.

California Residents

Below are the categories of personal information that DGG collected and disclosed for business purposes or shared with third parties in the past twelve (12) months.

We receive and store certain types of Automatic Information whenever you access our websites or interact with us. This includes “Cookies.” A “Cookie” is a small text file that is sent to your browser and provides a means for websites to recognize you and keep track of your preferences. Among other things, Cookies help us identify returning users and maintain your user session, so you do not have to log in each time you access the site from the same computer.

In addition to Cookies, our web server automatically recognizes and/or collects (when possible) certain information, such as your web browser and IP address.  An “IP Address” is a number assigned to your computer when you connect to the Internet.

We may use such Automatic Information for purposes of system administration, to improve design and content, and in the aggregate to analyze website usage and/or to assess the traffic to the website.

Our websites may have Google Analytics enabled. To find out how Google Analytics collects and

processes data, read “How Google uses data when you use our partners’ sites or apps” (located at

We do recognize the General Privacy Control (GPC).  Note: when you use our website, some browsers have Do Not Track (“DNT”) features that allow you to tell a website not to track you. Because there is not yet a consensus on how companies should respond to other web browser-based DNT mechanisms, we do not respond to web browser-based DNT signals at this time. Please be aware that limiting the ability of website technologies may limit your experience.  If you would like additional information about online tracking and various opt-out mechanisms, please see https://youradchoices.com/

Because we link to social media sites, and from time to time may include third-party advertisements, these and other parties DGG works with may collect your personally identifiable information about your online activities over time and across different websites when you visit our website. DGG does not control these third parties and is not responsible for the actions of our third-party business partners.

Please note that not all tracking will stop even if you delete cookies.

We may use third-party servicing technology and service providers to serve ads on our behalf across the Internet and sometimes on our Sites. They may collect information about your visits to our Sites, other sites, and your interaction with our products and Services. They may also use information about your visits to send you targeted advertisements for goods and services. This information is collected through the use of a pixel tag or similar technology.

Children and Minors

DGG does not direct services to or collect PI of individuals under the age of sixteen (16) and we do not sell the PI of minors.  If you are under age 16, please do not submit personal information to us.  If you are a parent and become aware that your child has provided us with information, please contact us using one of the methods specified below and we will work with you to address this issue.

Security of your Personal and Financial Information

DGG is committed to protecting the security of your personal and/or financial information. We use a variety of security technologies and procedures to help protect your personal and/or financial information from unauthorized access, use, or disclosure. For example, we store the personal and/or information you provide on computer systems with limited access that are located in secured facilities, use industry standard practices for data security, and use reputable payment providers. Keep in mind that there is no such thing as perfect security.

Limitation of Liability.

NO CIRCUMSTANCES SHALL DGG BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM A CLAIM OF BREACH OF THIS PRIVACY POLICY.  Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $10, whichever is less.

Your Rights and Privacy Choices

Depending on your jurisdiction, applicable law may entitle you to certain rights and choices as it pertains to your personal information, including the right:

• To know the categories and/or specific pieces of Personal Information collected about you, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting or selling Personal Information, and the categories of third parties with whom your Personal Information was shared;
• To request deletion of personal information;
• To opt-out of the sale and sharing of personal information if applicable; and
• To non-discrimination based on the exercise of your privacy rights.

Exercising Your Rights, including Do Not Sell or Share My Personal Information Requests for California residents

To exercise any of your applicable rights above please contact us at the following email address:   dataprotection@darkgategames.com to submit a request.

In order to process your request, your identity must be verified.  We reserve the right to verify your identity in connection with any requests regarding PI to help ensure that we provide the information we maintain to the individuals to whom it pertains and allow only those individuals or their authorized representatives to exercise rights with respect to that information.  If you are an authorized agent making a request on behalf of a consumer, we may require and request additional information to verify that you are authorized to make that request.

We reserve the right to deny your request if we cannot verify your identity.  Where we deny your request in whole or in part, we will inform you of the denial, and provide an explanation of our actions, and the reason(s) for the denial.

DGG will not restrict or deny you access to our services because of the choices and requests you make in connection with your personal information. You may exercise any of the applicable rights described in this section by contacting us.  We will promptly respond to all applicable requests.

Where you consent, DGG may provide apps that can be downloaded to smartphones or other devices. These apps provide services and may collect personal information that will be used in accordance with this Privacy Notice.

International Data Transfers

The Site is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. Any information you provide to us through use of the Sites and Services may be stored and processed, transferred between, and accessed from the United States and other countries which may not guarantee the same level of protection of personal information as the one in which you reside. We may need to send your personal information overseas as part of our normal business operations. Provided the data protection laws of these other countries differ from those in the United States, please be assured that we take reasonable steps to ensure that your privacy is protected.

Changes

We reserve the right to change this privacy notice from time to time. Changes to our privacy notice shall become effective on the date when they are posted, and will not affect any dispute arising prior to the effective date of the change.

Contact Us

If you have any questions or comments about this privacy notice or the ways in which DGG collects and uses your PI or your choices and rights regarding such use, please do not hesitate to contact us at:

Email: dataprotection@darkgategames.com

Postal Address: 14108 State Road 101, Brookville, 47012, Indiana