TENDER CLAWS PRIVACY POLICY

Last Updated: August 7, 2023

Tender Claws, LLC ("we" or "us") makes interactive products for personal entertainment. This Privacy Policy discloses information we collect, process, and use when you visit our website (the “Site”) and with our software products, games, and applications we offer via our Site and Platforms, as defined below (together, the “Services”).

We may update this Privacy Policy from time to time. All changes are effective immediately when we post them, and we will use reasonable efforts to alert you about any changes by updating the “Last updated” date of this Privacy Policy. By continuing to use the Site or Services after the date such revised Privacy Policy is posted, you will be subject to, and be deemed to have accepted, the changes therein. Please read this Privacy Policy carefully. By visiting or using our Services, you consent to the practices described in this Privacy Policy. If you do not consent to the practices detailed in this Privacy Policy you should not use this Site or our Services. If you have questions about this Privacy Policy, please contact us at info@tenderclaws.com.

I. What kind of information is collected about you?

While using the Services we collect certain information that can be used to contact or identify you (“Personal Information”) during your interactions with our Services. The Personal Information we collect can include the following:

Identifiers such as unique personal identifier, online identifier, IP address, or other similar identifiers.
Commercial information, including products or services purchased.
Internet or other electronic information, including the identifiers of other users of our Services that you have blocked.

We additionally collect the following information on the Site or when you contact us (and not in any games or applications we publish):

Identifiers including your name, email address, and postal address.
Personal Information described in subdivision (e) of California Civil Code Section 1798.80, specifically, credit card number, debit card number, and address.

We collect this information in the following ways:

You may voluntarily provide us certain information, for example your name or email address, when you contact us, use the Site, or use our Services.
Our servers collect certain information from your browser or device when you use the Services, sometimes called “Log Data.” Log Data includes information such as your device’s IP address, browser type, browser version, language, connection type, and the time and date of your request.
Our service providers that administer Services for us, for example our hosting provider(s) and payment processor(s), may provide us access to certain information we request from time to time.
We and our service providers use cookies, pixels, and other technologies to track your Internet activity on our Site, in accordance with our Cookie Policy.
When you download a game we publish, we retrieve data from third-party platform partners, distributors, and game engines (the “Platforms”). In some cases, we use the relevant Platform’s application-programming interface (“API”) to programmatically retrieve data in accordance with their respective terms. We do not have control over the information Platforms collect. You can review the applicable Platforms’ privacy policies and practices with respect to the information they collect below:
Oculus (Meta) - https://www.oculus.com/legal/privacy-policy-for-oculus-account-users/
Steam - https://store.steampowered.com/privacy_agreement/
Google - https://policies.google.com/privacy
Sony - https://www.playstation.com/en-us/legal/privacy-policy/
Unity - https://unity3d.com/legal/privacy-policy
Photon - https://dashboard.photonengine.com/account/privacyandcookiepolicy
Nintendo - https://www.nintendo.com/privacy-policy/
PICO - https://www.picoxr.com/global/legal/privacy-policy

II. How do we use your Personal Information?

We use your Personal Information for the following purposes, and as otherwise described in this Privacy Policy or at the time of collection:

Delivery of Services. We may use your Personal Information in order to achieve our legitimate business interest of delivering products and Services you request, or to fulfill contractual obligations to you.

Site and Services Optimization. We use analytics to assist us in the improvement and optimization of our Site and Services.

To comply with laws and regulations. We may use your Personal Information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

For compliance, fraud prevention and safety. We may use your Personal Information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) audit our internal processes for compliance with legal and contractual requirements; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity, including cyber-attacks and identity theft.

For any other purpose you consent to at the time of collection. Provided that if we intend to subsequently use your Personal Information for a different purpose, we will obtain your consent for such different purpose.

We may share your Personal Information, for the purposes outlined above, with the following categories of recipients:

Service providers. We share your Personal Information with service providers to enable such parties to perform functions on our behalf and under our instructions in order to carry out the purposes identified above (e.g., information technology services, information storage and security, payment processing, fraud detection, marketing management and communications, customer service functions, statistical analysis).

Affiliated Companies. We may also share your Personal Information with our subsidiaries, affiliates and other related companies for purposes consistent with this Privacy Policy and providing you with our Sites and Services.

Business reorganization. We may share your Personal Information with any corporate purchaser or prospect to the extent permitted by law as part of any merger, acquisition, sale of company assets, or transition of service to another provider, as well as in the event of insolvency, bankruptcy, or receivership in which Personal Information would be transferred as an asset of ours.

Mandatory Disclosures and Legal Rights. We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other legal or governmental request for information. We also share Personal Information to establish or protect our legal rights, property, or safety, or the rights, property, or safety of others, or to defend against legal claims.

We do not sell your Personal Information and will not do so in the future without providing you with notice. Similarly, we do not offer financial incentives associated with our collection, use, or disclosure of your Personal Information.

IV. What are your choices?

When you download or access the Services, the Platforms may require you to login to your applicable Platform account. You may adjust your privacy and security settings with the applicable Platform; however, we do not have direct control over the information about you that Platforms collect, process, use, or disclose. If you have any concerns about the information we receive or process, please contact us.

All users have the right to request that we delete any Personal Information about you that we maintain. You can request to exercise your deletion rights by emailing us at info@tenderclaws.com. We reserve the right to confirm your identity to process your deletion request. As part of this process, government identification may be required. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.

California residents have additional choices that are stated more fully in Section X below.

V. Security

Please note that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we strive to protect the information we maintain, we cannot guarantee or warrant the security of any information you disclose or transmit to our Services and cannot be responsible for the theft, destruction, or inadvertent disclosure of information.

VI. Storage and export of Personal Information

We are based in the United States, and, regardless of where you use our Services or otherwise provide information to us, the information may be transferred to and maintained on servers located in the U.S. or other countries. Note that the laws, regulations and standards of the country in which this information is stored may be different from your own country. If you live in the European Economic Area (the “EEA”), the Personal Information that we collect from you may therefore be transferred to, and stored at, a destination outside the EEA. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers or partners. By using our Services, you consent to this collection, transfer, storage, and processing of information to and in the U.S. and other countries. We take steps to ensure that the data we collect under this Privacy Policy is stored and processed in accordance with this Privacy Policy regardless of where the data is located.

VII. Children’s Privacy

We offer to our users a range of Services that are intended for users of all ages and their families. We do not knowingly collect any Personal Information from or market to children under the age of 13. If we learn that we have inadvertently collected Personal Information from a child under the age of 13, we will delete such information from our records. If you believe that we might have any Personal Information from a child under 13, please contact us.

VIII. Other Sites, Mobile Applications, and Services

This Site may contain links to other websites and online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or online services that are not associated with us. We do not control third party websites or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your Personal Information. We encourage you to read the privacy policies of the other websites and online services you use.

IX. Data Retention

We retain Personal Information for as long as necessary for the relevant purpose for which that Personal Information was provided or collected, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). This will be for as long as we provide access to the Services to you. However, we may keep some data after your account is closed or you cease using our Services for the purposes set out below.

After you have closed your account or ceased using our Services we usually delete Personal Information, however we may retain Personal Information where reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, maintain security, prevent fraud and abuse, resolve disputes, enforce our contracts, or fulfill your request to “unsubscribe” from further messages from us.

X. California Residents

As a California resident, you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law. For purposes of this Section “Personal Information” has the meaning set forth in the California Consumer Privacy Act, as amended (the “CCPA”).

Right to Request Deletion. You have the right to request that we delete any Personal Information about you that we maintain.

Right to Request Correction. You have the right to request that we correct any inaccurate Personal Information that we maintain.

Right to Know What Personal Information is Being Collected. You have the right to request that we inform you of the (i) categories of Personal Information we have collected about you; (ii) categories of sources from which any Personal Information is collected; (iii) business or commercial purpose for collecting, selling, or sharing any Personal Information we have collected about you; and (iv) categories of third parties to whom we have disclosed any Personal Information. The categories of Personal Information collected over the past 12 months and the categories of sources from which we collect Personal Information are outlined in the section above entitled " What kind of information is collected about you?” The business/commercial purpose for the collected information is outlined in the section above entitled " How do we use your Personal Information?” The categories of third parties to whom we have disclosed any Personal Information is outlined in the section above entitled “How and when do we share your Personal Information?”

Right to Access. You have a right to request a copy of the Personal Information that we have collected and maintained in the period that is 12 months prior to the request date.

Right to Know What Personal Information is Being Sold. You have the right to request the (i) categories of Personal Information that we have sold or shared to a third party and the category of the third party to whom we sold or shared your Personal Information; and (ii) categories of Personal Information we have disclosed to a third party for a business purpose and the category of the third party to whom we disclosed your Personal Information. The categories of third parties to whom we have disclosed any Personal Information is outlined in the section above entitled “How and when do we share your Personal Information?” We do not sell your Personal Information to third parties and have not sold Personal Information in the preceding 12 months.

Right to Opt Out of Sale and Sharing. To the extent we sell or share Personal Information, you have the right to direct us to opt out of that sale or sharing. We do not sell your Personal Information to third parties and have not sold Personal Information in the preceding 12 months.

Right to Limit Use and Disclosure of Sensitive Personal Information. You have the right to request that we limit the use of your Personal Information to only uses that are necessary to perform the services or provide the goods. We do not collect, use, or disclose any Sensitive Personal Information as defined in the CCPA.

You can request to exercise your information, access and deletion rights by emailing us at info@tenderclaws.com. We reserve the right to confirm your California residence and will need to confirm your identity to process your requests. As part of this process, government identification may be required. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government-issued identification. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.

Request a list of third party marketers. California’s “Shine the Light” law (California Civil Code § 1798.83) allows California residents to ask companies with whom they have formed a business relationship primarily for personal, family or household purposes to provide certain information about the companies’ sharing of certain personal information with third parties for their direct marketing purposes during the preceding year. You can submit such a request by sending an email to info@tenderclaws.com with “Shine the Light” in the subject line. The request must include your current name, street address, city, state, and zip code and attest to the fact that you are a California resident.

What is a Cookie?
Cookies are small text files that are stored in a computer's browser directory. They help site providers with things like understanding how people use a site, and storing items in a digital shopping cart.

Do we use Cookies?
Yes. We use cookies in accordance with our Privacy Policy to:

ensure that our Services function properly,
detect and prevent fraud,
understand how visitors use and engage with our Site, and
analyze and improve Services.

Who sets cookies when I use the Site?
There are two main types of cookies that can be set:

First party cookies: these cookies are placed and read by us directly when you use our Site; and
Third party cookies: these cookies are not set by us, but by other companies, like ad networks, search engines, and social-media platforms. See further details below on how to manage these cookies.

How We Uses Cookies
Below is a description of the commonly used cookie types and the purposes that apply to them.

Necessary Cookies
Some cookies are essential to the operation of our Site and make it usable and secure by enabling basic functions like page navigation and access to secure areas of the Site, including fraud detection as provided by our payment processor, Stripe. You can learn more about Stripe’s practices on their website: https://stripe.com/legal/cookies-policy.

Preference Cookies
Preference cookies are used by our payment processor, Stripe, to remember items in your shopping cart. You can learn more about Stripe’s practices on their website: https://stripe.com/legal/cookies-policy.

Analytics Cookies
Analytics cookies help us understand how visitors interact with our Services. We use those cookies in a number of different ways, including:

To Analyze and Improve Our Services. To make our Site and Services work better for You. Cookies help us understand how people reach our Site and our Users' sites. They give us insights into improvements or enhancements we need to make to our Site and Services.
Third Party Analytics. Through our website provider, Squarespace, in order to collect and analyze information about the use of the Site and report on activities and trends. This service may also collect information regarding the use of other sites, apps and online resources. You can learn about Squarespace's practices on the Google website: https://www.squarespace.com/cookie-policy.

Can I opt-out?
Your web browser may allow you to manage your cookie preferences, including to delete and disable cookies. You can take a look at the help section of your web browser or follow the links below to understand your options. If you choose to disable cookies, some features of our Site or Services may not operate as intended. Our Site does not currently recognize “Do Not Track” signals from browsers.

XII. Changes to this Privacy Policy

If we make changes to this Privacy Policy, we will provide notice of such changes as appropriate, such as by sending you an email notification to the address you've provided, providing notice through the Services, and/or updating the "Last Updated" date at the top of these Terms.

XIII. Contacting Us

If you have any questions about this Privacy Policy or the information that we collect, use, or process, please contact us at: info@tenderclaws.com

Privacy Policy