Privacy Policy

Effective date: July 15, 2020

We are Numinous Games. (“us”, “we”, “Numinous”, or alternative first person reference), and we want to thank you for your interest in The Playability Initiative / Painted Waters (the “Game”). If you are here you have either been directed here through our game or through our website, located at playabilityinitiative.com (the “Website”).

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service, and your rights to your data under US and International Law, including but not limited to EU Directive 2002/58/EC and the EU General Data Protection Regulation (“GDPR”), the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (“CAN-SPAM”), the US Children’s Online Privacy Protection Act (“COPPA”), and the California Consumer Privacy Act (“CCPA”). This Privacy Policy applies to both our Website and the games we release, including Painted Waters and any and all future DLC, patches, content, updates, or other titles (individually “Service” and collectively “Services”) where this Privacy Policy is referenced, regardless of how you access or use them, including through mobile devices. This Privacy Policy does not apply to any third-party websites, services or applications, even if they are accessible through our Services.

We use your data to provide and improve the Services. This Privacy Policy is solely intended to inform you of our data collection practices and your rights to any of your data that we may collect. 

This Privacy Policy describes:

  • the information we collect, how we collect such information and the purposes of our collection;
  • how we use and with whom we share such information;
  • how you can access and update your information; and
  • how we protect the information we store about you.

Disclosure to California Residents: In our efforts to comply with applicable regulation, we ask and advise that California residents review the “CCPA Disclosure” at the end of this document. Although we do not sell user data, we will provide notice if at any time those circumstances change.

Definitions

Personal Data

Personal Data means information relating to an identified or identifiable individual. An identifiable individual is one who can be identified, directly or indirectly, by reference to an identifier such as a name, a device identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 

Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are small pieces of data stored on a User’s device.

Data Controller and Data Protection Officer

Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your data.

Where we have a legal obligation to do so, we have appointed data protection officers (DPOs) to be responsible for our privacy program. You can contact our DPO via the Contact Us information detailed below in this privacy policy.

Data Processor (or Service Providers)

Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

Data Subject

Data Subject is any living individual who is the subject of Personal Data.

User

The User is you! The individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.

Information Collection And Use

We collect different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you for customer support or for our e-mail update sign up (“Personal Data”). 

Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name

We may use your Personal Data to contact you with newsletters, updates, marketing or promotional materials and other information that may be of interest to you. You may opt in to receiving any, or all, of these communications from us by providing your e-mail to subscribe to our newsletter.

Usage Data

We, or third parties operating through our website (such as analytics service providers like Google Analytics), may also collect information concerning your access and use of the Services (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), clicks per page, play history, session data, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking Cookies Data

We, or third parties acting on our or their own behalf via the Website and Game, use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. Please note, however, that if you don’t accept Cookies, you may not be able to access all portions or features of the Services. Some third-party services providers that we engage (including third-party advertisers) may also place their own Cookies on your device. Note that this Privacy Policy covers only our use of Cookies and does not include use of Cookies by such third parties.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

We use your personal information to fulfill a contract with you and provide you with our Services, to comply with our legal obligation, protect your vital interest, or as may be required for the public good. This includes:

  • To provide and maintain our Services;
  • To notify you about changes to our Services;
  • To allow you to participate in interactive features of our Services when you choose to do so;
  • To provide customer support;
  • To prevent, detect, mitigate, and investigate fraud, theft, intellectual property infringement, security breaches or other potentially prohibited or illegal activities.

We also use your personal information to pursue our legitimate interests where your rights and freedoms do not outweigh these interests. We have implemented controls to balance our interests with your rights. This includes to:

  • To improve gameplay and delivery with regard to our Game and Services;
  • Gather analysis or valuable information so that we can improve our Service through third party analytics providers; 
  • monitor the usage of our Service;
  • detect, prevent and address technical issues and cheating;
  • To enforce our EULA, Terms of Service and Community Guidelines with respect to our Game and Service.

With your consent, we may use your personal information to:

  • Provide you with news, new products or promotional offers, unless you have opted not to receive such information;
  • Provide you with updates concerning our Game and future titles;

You have the right to withdraw your consent at any time.

Retention of Data

NUMINOUS will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

NUMINOUS will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Services, or we are legally or contractually obligated to retain this data for longer time periods.

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.

NUMINOUS will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place, including the security of your data and other personal information. The transfer of such data is typically for the purpose of fulfilling our contract with you, as specified above. Therefore, any request to delete or modify such Personal Data may result in the termination or interruption of our Services with respect to your usage of such Services.

Disclosure Of Data

Disclosure for Law Enforcement

Under certain circumstances, NUMINOUS may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

NUMINOUS may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of NUMINOUS
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Change of Control

If we are subject to a merger or acquisition with/by another company, we may share information with them in accordance with our privacy standards. Should such an event occur, we will require that the new combined entity follow this privacy policy with respect to your Personal Data. If we intend to handle your Personal Data for any purposes not covered in this privacy notice, you will receive prior notification of the processing of your Personal Data for the new purposes.

Security Of Data

We protect your Personal Data using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use may include firewalls and data encryption, physical access controls to our data centers, and information access authorization controls. The security of your Personal Data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

“Do Not Track” Signals

California Do Not Track Disclosure
In September 2013, California enacted amendments to the California Online Privacy Protection Act (California Business & Professions Code §§22575-22579) which require operators of websites to disclose how they respond to “do not track” (DNT) signals from browsers used by consumers or other mechanisms that provide consumers a choice regarding the collection of personally identifiable information about the consumer’s online activities over time and across different websites or online services. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

While some newer browsers have incorporated “Do Not Track” features which, when turned on, send a signal or preference to the web sites you visit indicating that you do not wish your online activity to be tracked, a DNT protocol that can be implemented across multiple devices and sites has not yet been widely adopted. Currently, our computer system does not support, and cannot act on DNT signal headers that we may receive; accordingly, the choices that we provide you concerning out collection and use of personally identifiable information will continue to operate as described in this policy. For information about Do Not Track, please visit: www.allaboutdnt.org.

Your Rights

NUMINOUS aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

How to Control Your Information

Under the EU General Data Protection Regulation, individuals residing in the EU and other territories that have adopted GDPR compliance or comparable regulation have a right to:

  • access your user data
  • Correct the data you have provided to us
  • Have information provided to you in a portable format
  • Request the deletion of the data we have collected
  • Restrict processing 
  • Object to processing or the legal basis on which we rely to process your data

Please note that we may ask you to verify your identity before responding to such requests.

You may send an e-mail to playability@numinousgames.com with your request to exercise any of the rights identified above. Place the reason for your request (e.g. “Delete my Data” or “Correct my Data”) in the subject line and include your first name, last name, and e-mail address in the body of the e-mail. We will respond to your request within thirty (30) days. Please note that certain records, for example those pertaining to payments or customer service matters, will be retained for legal and accounting purposes. If you have sent or posted content through the Services, we may not be able to delete it.

We are unable to delete data controlled solely by third parties; for example, if you purchase our Game through a console or content delivery platform, we won’t be able to delete your Game from your library, nor the data collected by the console or platform operator in connection with your purchase. Similarly, if you access any our of Services through third party social media or service platforms, such as Facebook, or if you are routed to a third party service provider’s web page through our Services, you will need to make any deletion requests to those respective third parties separately.   

Opt Out Options

Opting out of Promotional Communications

You can choose to opt out of receiving promotional e-mails and product updates from NUMINOUS by clicking on the “unsubscribe” link in any such e-mail. Please note that once we receive your request, it may take an additional period of time for your opt-out to become effective. Your unsubscribe or e-mail preference change will be processed promptly, usually within ten (10) business days.

Opt Out Limitations

Please note that if you opt-out of our promotional communications or other forms of communication, we may still e-mail or communicate with you from time to time if we need to: provide you with information and updates concerning this Privacy Policy or our Terms of Service, respond to a customer support or technical support inquiry, notify you of changes to your account (including suspension or deactivation), respond to any customer service or technical support inquiry, request information from you with respect to a transaction initiated by you, or for other legitimate non-marketing reasons.

Service Providers

We may employ third party companies and individuals to facilitate our Services (“Service Providers”), to provide the Services on our behalf, to perform Service-related services or to assist us in analyzing how our Services are used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Web Services, Payment Processing and Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

MailChimp

We collect your e-mail, name, and location when you sign up for our newsletter through MailChimp on the Website. The information collected is retained by MailChimp’s database, which may be made accessible to us. For more information concerning MailChimp’s data collection practices and protection, please visit their privacy policy at: https://mailchimp.com/legal/privacy/

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. Google may also collect data through embedded YouTube videos.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/

Facebook and Social Media

You may elect to join our Facebook community, or other social media channels or pages we may offer from time to time. We do not collect or retain any information contained on your Facebook account (or any social media account) except as may be reasonable or necessary to ensure compliance with applicable community guidelines and as may otherwise be required by law. You are solely responsible for the information you share via our Facebook or social media communities. 

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Our Services are intended for a general audience and are not intended for children under the age of 13. We do not knowingly collect personal information from users deemed to be children under their respective national laws. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers. We urge parents to instruct their children to never give out their real names, addresses or phone numbers without permission. We recognize a special obligation to protect personal information obtained from young children.

Changes To This Privacy Policy

Any information that is collected via our Services is covered by the Privacy Policy in effect at the time such information is collected. If we decide to make material changes to our Privacy Policy, we will notify you and other users by placing a notice on playabilityinitiative.com or by sending you a notice to the e-mail address we have on file for you, and we’ll update the “Last Updated Date” above to indicate when those changes will become effective. We may supplement this process by placing notices in the Games and on the Site. You should periodically check playabilityinitiative.com and this privacy page for updates.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

  • Reach our Data Protection Officer by email: playability@numinousgames.com
  • By phone number: 1+ 303-249-8245
  • Or my mail at: Numinous Games 900 Keosauqua Way Ste 471 Des Moines, IA 50309-1513, IA 50309-1513 USA

California Consumer Data Rights

To the extent applicable, Numinous Games complies with the California Consumer Privacy Act of 2018 (CCPA), effective January 1, 2020. This landmark piece of legislation secures new privacy rights for California consumers.

Categories of Data we Collect and their Uses
In addition to the details provided in our Privacy Policy, we collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category

Examples

Collected

Reason for Collection

(specifically identify business purpose if for business purpose)

Is Information “Sold” to 3rd Pty?

Identifiers

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

Yes

Account name and e-mail address

No

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

No

N/A

N/A

Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

No

N/A

N/A

Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

No

N/A

N/A

Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

No

N/A

N/A

Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

Yes

Cookies may be used on our website and we may save your user settings in our products

No

Geolocation data.

Physical location or movements.

No

N/A

N/A

Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

No

N/A

N/A

Professional or employment-related information.

Current or past job history or performance evaluations.

No

N/A

N/A

Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

No

N/A

N/A

Inferences drawn from other personal information.

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

No

N/A

N/A

Personal information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from our end users. For example, from customers who engage us for customer support or to provide customer feedback.
  • Indirectly from our end users. For example, through information we collect from our end users in the course of providing customer support to them.
  • Directly and indirectly from activity on our website or in our games. For example, from cookies (described above) embedded in our website or games to measure information related to improving our products.

All such Personal Information is used as otherwise described our Privacy Policy. 

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose.  When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Identifiers and Internet or other similar network activity.

We disclose your personal information for a business purpose to the following categories of third parties:

  • Our affiliates.
  • Service providers.
  • Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

Your Rights and Choices 

Access to Specific Information and Data Portability Rights

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 twelve 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).

We generally do not sell our player data. However, if we do sell your personal information for a business purpose, we will also disclose to you:

  • The personal information that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

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 and confirm your verifiable consumer request, we will delete (and direct our service providers to 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 or our service providers to:

  • Complete any transaction for which we collected the personal information, provide a product or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products, including our website and games, to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Calling us at 303-249-8245

Visiting playabilityinitiative.com

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.