WELCOME TO TINYBUILD!

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As a leading video game publisher and developer, tinyBuild Games LLC and our subsidiary companies (“tinyBuild,” “we”, “us”) make and publish games, books, and a whole bunch of other cool things. We know you care about your privacy, and we do too. This Privacy Policy is designed to help you understand how we collect, use, and share your personal information, and to help you understand and exercise your privacy rights.

 

This Privacy Policy applies to personal information collected and processed by us, including through use of our websites, downloadable software that we publish or distribute, mobile applications, and any other online or offline offerings. To make this Privacy Policy easier to read, our websites, games, mobile applications, and other offerings are collectively called the “Services.”

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INFORMATION WE COLLECT

 

We collect personal information in accordance with applicable law and the way you interact with us and our Services. The categories of personal information we collect include information provided by you, information obtained automatically when you use our Services, and information obtained from other sources, such as third-party services and organizations, as described below.

 

 

INFORMATION YOU PROVIDE

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We collect the following personal information that you provide to us, based on the way you engage with our Services, such as:

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• Visiting Our Websites. When you visit our website, you may interact with us by creating an account, posting on our troubleshooting forum, joining our Discord, or following our socials.

  • Joining Our Discord. We provide an open Discord invite on our website. When you click the invite to join our Discord, you are referred to the invite page. If you accept the invite and click the button, your Discord account is linked to our server. Discord settings are privately managed, but you can remove yourself from our server at any time.

  • Following Our Socials. When you click on our social media icons, you are directed to our corresponding social media pages (e.g., Twitter, Facebook, Instagram, YouTube, TikTok, and Twitch) and our websites receive click-through analytics data. Social media platforms may also collect analytics data from their corresponding links. This data includes your IP address, browser type, device type, and operating system.

• Purchasing our Merchandise or Games. When you purchase merch or games from us, we may collect personal information and details associated with your purchases (including merchandise or games you buy from us), including payment and shipping information. Any payments made via our Services are processed by third-party payment processors (such as Stripe or PayPal). We do not directly collect or store any payment card information entered through our Services but may receive information associated with your payment card information, such as your billing details).

• Playing our Games. When you play our games, we collect client data about you and your game play. This includes your device information (e.g., device type and operating system), game play data (e.g., progress, achievements, and statistics), and any personal information you provide to us to resolve gameplay issues (e.g., your name and email address). We ensure that a Privacy Notice is provided at all points of collection for each gaming platform we work with so that you are aware of our data handling practices before you play.

• Contacting Us. We may collect personal information, such as email address, phone number, language, platform, device model, the game you play, mailing address, or details about your issue when you request information about our Services, register for our newsletter, request customer or technical support, apply for a job, or otherwise communicate with us.

• Engaging with Our Services. Engaging with our Services involves various forms of user interaction that may require you to share personal information. Here are some examples of how we collect and use your information:

  • Interactive Features. We and others who use our Services may collect personal information that you submit or make available through our interactive features (e.g., messaging and chat features, commenting functionalities, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Services (referred to herein as “User Generated Content”) will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein. Please exercise caution before revealing any information that may identify you in the real world to other players.

  • Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information, which may include personal information.

  • Sweepstakes or Contests. We may collect personal information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners.

  • Attend In-Person or Online Events. When you attend in-person (e.g., conferences, tradeshows) and online events (e.g., webinars) hosted by us, we may collect event information, such as your name, email, billing information, and any additional information required for event registration or ticket purchases.

• Joining Us. Joining tinyBuild means applying for our Creator Club or Influencer Programs, partnering with us in a shared business, promotion, or charity, or applying for a job.

  • Apply to our Creator Club or Influencer Programs. To apply to join our Creator Club or participate in our Influencer Program and stream our games, we may require your name, the name of your channel (e.g., on YouTube or Twitch), your location, primary language, email address, preferred platform, links to your channels, and a description of your channel content. You may optionally also provide your social media handles (e.g., Twitter or Discord), your experience with our games, and other features to describe your channel. Please note that by participating in either of our Programs, you are authorized to use images and sounds from any of tinyBuild's video games in your content, subject to certain conditions as outlined in our Influencer Policy. If you have any questions or concerns about our Creator Club or Influencer Program, please contact us at privacygroup@tinybuild.com.

  • Partner with Us. When you partner with us in a shared business, promotion, or charity, we may collect personal data such as name, email address, phone number, job title or business role, company or organization name, business address, and information about the nature of our partnership or collaboration.

  • Apply for a Job. We may post job openings and opportunities on our Services. When you submit a job application to us, we may collect data you provide, to include your name, address, email address, phone number, employment history, educational background, professional certifications or licenses, references, resume or CV, cover letter, salary expectations or history, availability for work, citizenship status, and other information you provide during the hiring process. We may also collect more data about you once you become an employee. Our Employee Privacy Policy, which is given to employees during onboarding, outlines how we handle employee privacy.

 

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INFORMATION COLLECTED AUTOMATICALLY

 

We may collect personal information automatically when you use our Services:

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• Automatic Data Collection. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, general location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.

  • Telemetry: When you play some of our games online, we may collect your gameplay actions and other statistics associated with your player account. We might also record your gameplay (including your button inputs) and replay it to you or other players or use it to improve our games (such as enhancing our artificial intelligence systems).

  • Crash reports and other logs. If you download the tinyBuild launcher or otherwise provide your consent, we may also collect usage details about when you launch our games, when and how long you play each game, and detailed crash reports, which may contain information about the hardware or device you play our games on. You can toggle the sending of this data on or off in the launcher settings. If you enable this feature and are disconnected from the internet, the log/crash data may be sent the next time you have an active internet connection.

• Cookies, Pixel Tags/Web Beacons, and Other Technologies. We, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through your use of our Services.

  • Cookies. Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.

  • Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.

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Our uses of these Technologies fall into the following general categories:

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• Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality;

• Performance-Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services (see Analytics below);

• Functionality-Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;

• Advertising- or Targeting-Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third-party websites.

 

See Your Rights & Controls Section below to understand your choices regarding these Technologies.

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• Analytics. We may use Technologies and other third-party tools to process analytics information on our Services. Some of our analytics partners include:

• Google Analytics. For more information, please visit Google Analytics’ Privacy Policy. To learn more about how to opt-out of Google Analytics’ use of your information, please click here.

• Facebook Connect: For more information, please visit Facebook’s Facebook’s Data Usage Policy. You can object to the collection of your data by Facebook pixel, or to the use of your data for the purpose of displaying Facebook ads by contacting the following address while logged into your Facebook account: https://www.facebook.com/settings?tab=ads.

• Social Media Platforms. Our Services may contain social media buttons such as Facebook, Twitter, YouTube, Instagram, VK, or Discord (that might include widgets such as the “share this” button or other interactive mini programs). These features may collect your IP address and the pages you visit on our Services and may set cookies to enable the features to function properly. Your interactions with these platforms are governed by the privacy policies of the companies providing them.

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INFORMATION COLLECTED FROM OTHER SOURCES

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We may obtain information about you from other sources, including through third-party services and organizations. For example, we receive some information about player behavior from the console or digital distribution platforms we release our games on, and from external developers whose games we publish. In addition, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party application that you have made available via your privacy settings.

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• Gaming Platforms. Our games are available on various gaming platforms (e.g., Steam, PlayStation, Nintendo, and Epic Games Store) and we may collect necessary data from these platforms to facilitate your game purchase and to understand your game usage. This data may include your game activity, game progress, achievements, and game preferences. It is important to note that these platforms have their own privacy policies to protect the privacy and financial data of their users, and we never receive financial data for purchases made on these platforms.

• Streaming Platforms. We may collect data from your public account profile if you use streaming platforms (e.g., YouTube, Twitch) to interact with our content. This could include your username, avatar, subscriber/follower count, and any comments or reactions you make on our content. We use this data to better understand our audience and to improve our content.

• Social Media Platforms. We may collect data from your social media profile if you use social media platforms (e.g., Discord, Twitter, Facebook, Instagram, TikTok) to connect with us or interact with our content. This may include your public profile information, such as your name, username, profile picture, bio, and location, as well as any content you publicly share or engage with, such as likes, comments, shares, and open group messages. We use this data to connect with our community, analyze engagement, and improve our content. Please note that we do not have access to any private or personal information that you have not made publicly available on these platforms.

• Advertising Partners. At times, we may partner with advertising companies to promote our Services. If you interact with our advertising or visit our website through an advertising partner's referral link, we may collect data from these advertising partners. This data may include information about the referral source, the pages you visited on our website, and any actions you took while on our site.

• Analytics Providers. We partner with analytics providers to gain insights into how users engage with our Services. These providers may collect information such as your IP address, browser type, device type, and usage data on our behalf. This information is used to improve our Services and provide a better user experience.

 

 

 

AGE REQUIREMENTS

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We take the privacy of all individuals seriously, especially those who are minors. As such, our Services are not intended for children under the age of 13, and we do not knowingly collect data from such children. In certain geographic areas, our Services may not be accessible to anyone under the age of 18, regardless of whether a parent or guardian has provided consent.

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Although our Services may be accessible to children, they are purchased through game distribution platforms, which bear the responsibility for age ratings and parental controls. We strongly encourage parents and guardians to discuss with their children the appropriate use of the Internet and the release of personal data online.

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If you are under 13 years of age, we request that you do not submit any personal data through any of our channels. In the event that we learn that we have inadvertently collected personal data from a child under the age of 13, we will promptly take the necessary steps to remove such data from our records.

 

We also comply with applicable laws such as the GDPR, CCPA, and COPPA, which set out additional requirements for collecting and processing personal information of children. If you have any concerns regarding the collection or processing of personal data of a child, please contact us at privacygroup@tinybuild.com.

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HOW WE USE YOUR INFORMATION

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We use your information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.

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PROVIDE OUR SERVICES

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We use your information to fulfil our contract with you and provide you with our Services, such as:

• Managing your information and accounts;

• Providing access to certain areas, functionalities, and features of our Services;

• Answering requests for customer or technical support;

• Communicating with you about activities on our Services, and policy changes;

• Processing your financial information and other payment methods for products or Services purchased;

• Processing applications if you apply for a job we post on our Services; and

• Allowing you to register for events.

 

 

ADMINISTRATIVE PURPOSES

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We use your information for various administrative purposes, such as:
 

• Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;

• Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;

• Measuring interest and engagement in our Services;

• Short-term, transient use, such as contextual customization of ads;

• Improving, upgrading, or enhancing our Services;

• Developing new products and Services;

• Ensuring internal quality control and safety;

• Authenticating and verifying individual identities, including requests to exercise your rights under this policy;

• Debugging to identify and repair errors with our Services;

• Auditing relating to interactions, transactions and other compliance activities;

• Enforcing our agreements and policies; and

• Complying with our legal obligations.

 

 

MARKETING AND ADVERTISING OUR PRODUCTS AND SERVICES

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We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.
 

Some of the ways we market to you include email campaigns, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking. If you have any questions about our marketing practices, or if you would like to opt out of the use of your personal information for marketing purposes, contact us at any time through the methods set forth in the Contact Us Section below.

 

 

OTHER PURPOSES

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We also use your information for other purposes as requested by you or as permitted by applicable law.
 

• Consent. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.

• Automated Decision-Making. We may engage in automated decision making, including profiling. For example, we may use your data to improve the artificial intelligence of our computer-controlled characters, or to recommend new games for you to try. tinyBuild’s processing of your personal information will not result in a decision based solely on automated processing that significantly affects you unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are permitted by law to engage in such automated decision making. If you have questions about our automated decision making, contact us at any time through the methods set forth in the Contact Us Section below.

• De-identified and Aggregated Information. We may use personal information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, information about the device from which you access our Services, or other analyses we create.

• Share Content with Friends or Colleagues. Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Please only share with us contact information of people with whom you have a relationship (e.g., relative, friend neighbor, or co-worker).

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HOW WE DISCLOSE YOUR INFORMATION

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We disclose your information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.

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DISCLOSURES TO PROVIDE OUR SERVICES

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The categories of third parties with whom we may share your information are described below.
 

• Service Providers. We may share your personal information with our third-party service providers who use that information to help us provide our Services. This includes service providers that provide us with IT support, hosting, payment processing, customer service, and related services.

• Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with business partners (including our developers) with whom we jointly offer products or services.

• Affiliates. We may share your personal information with our affiliated companies for our administrative purposes, including activities such as IT management, for them to provide services to you or support and supplement the Services we provide.

• Other Players/Website Visitors. As described above in Personal Information We Collect Section, our Services may allow you to share your profile and/or Player Content with other players or publicly, including to those who do not use our Services.

• Advertising Partners. We may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.”

• APIs/SDKs. We may use third-party Application Program Interfaces (“APIs”) and Software Development Kits (“SDKs”) as part of the functionality of our Services. These APIs and SDKs may be part of the game engines we use or used for analytics and advertising as described above. For more information about our use of APIs and SDKs, contact us at any time through the methods set forth in the Contact Us Section below.

 

 

 

DISCLOSURES TO PROTECT US OR OTHERS

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We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

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DISCLOSURE IN THE EVENT OF MERGER, SALE, OR OTHER ASSET TRANSFERS

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If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

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YOUR RIGHTS & CONTROLS

 

We believe that respecting your privacy and providing you with control over your personal data is fundamental to our relationship with you. We understand that you have a right to make choices about how your data is used and shared. With that in mind, we strive to provide you with meaningful choices and controls when it comes to the may collection and use of your data.

 

For example, if you no longer wish to receive marketing emails from us, you can easily unsubscribe by clicking the link in the footer of any marketing email we send you.

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YOUR RIGHTS

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In accordance with applicable law, you may have the right to:

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Authorized Agents. You have the right to use an authorized agent to make a request to exercise your data privacy rights. If you choose to do so, we will require that you verify your identity based on data you have directly provided to us.

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If you use an authorized agent to submit a request to access or delete your personal data, we will require your signed permission demonstrating that you have authorized the agent to act on your behalf. We take your privacy seriously and want to ensure that you have control over your personal data.

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Right to be Informed. You have the right to know what personal data we may collect, how we use it, and who we share it with. We provide this information in our Policy and in any other relevant notices at points of collection.

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Right to Access. You have the right to access the personal data we hold about you. This includes obtaining a copy of your information in a readable format. We strive to provide comprehensive information about our data processing practices within this Policy to address any general questions you may have.

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Right to Correction. You have the right to correct your personal information where it is inaccurate, incomplete or outdated. In some cases, we may provide self-service tools, described further in Your Controls, that enable you to update your personal information. If you need further assistance, you have the right to request that any inaccurate or incomplete personal data we hold about you be corrected.

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Right to Data Portability. You have the right to receive your personal data in a structured, commonly used, and machine-readable format, and to transmit that data to another data controller. This right to data portability is intended to give you more control over your personal data and facilitate the movement of your data between different organizations.

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Right to Deletion. You have the right to request that we delete your personal data in certain circumstances, such as when it is no longer necessary for the purposes for which it was collected, or when you withdraw your consent to our processing of your data.

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Right to Object. You have the right to object to data processing and automated decision making and may request limitations on our processing activities in certain circumstances.

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• Data Processing. You have the right to object to the processing of your personal data in certain circumstances, such as when the processing is for direct marketing purposes or is based on our legitimate interests.
   

• Automated Decision Making. You have the right to object to decisions made about you solely based on automated processing, including profiling, if these decisions have legal or significant effects on you. We do not engage in such automated decision-making processes that may impact you, but if we do in the future, we will provide you with additional information and an opportunity to object.

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Right to Restrict Processing. You have the right to request that we restrict the processing of your personal data in certain circumstances, such as when the accuracy of the data is contested, or you object to the processing.

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We take your privacy seriously and strive to provide you with the means to exercise your rights under GDPR and CCPA. We will not discriminate against you for exercising these rights. However, we may need to collect certain data from you to verify your identity and respond to your requests. We will only request data that we have already collected and can internally validate. If we are unable to verify your identity, we may not be able to process your requests.

 

We will process such requests in accordance with the requirements of GDPR, CCPA, and other applicable privacy laws. We strive to respond to all privacy-related inquiries and requests in a timely manner, typically within 30 days of receipt. If you have any questions or would like to exercise any of your individual rights, please email us directly at privacygroup@tinybuild.com with the subject line “Data Subject Request” and provide us with your name, the email address associated with your account, and a brief message indicating which right you are invoking.

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YOUR CONTROLS

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The privacy choices you may have about your personal information are determined by applicable law and are described below.

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• Email and Telephone Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding critical changes to our Services or updates to our Terms or this Privacy Policy).

• Text Messages. You may opt out of receiving text messages from us by following the instructions in the text message you have received from us or by otherwise contacting us.

• Mobile Devices. We may send you push notifications through our mobile application. You may opt out from receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information via our mobile application. You may opt out of this collection by changing the settings on your mobile device.

• “Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

• Cookies and Interest-Based Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS and others.
  
  The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.
  
  Please note you must separately opt out in each browser and on each device.

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SECURITY OF YOUR INFORMATION

 

We take steps to ensure that your information is treated securely and in accordance with this Privacy We take the security of your personal data seriously and take appropriate measures to protect it. We use a variety of physical, technical, and organizational measures to safeguard your personal data against accidental, unauthorized, or unlawful access, use, or disclosure. We also require our third-party service providers to take appropriate security measures to protect the confidentiality and security of your personal data.

 

Despite our best efforts, no security measure is entirely foolproof. We cannot guarantee the security of your personal data, and we cannot be responsible for unauthorized access to or theft, alteration, or destruction of your personal data. You are responsible for keeping your login credentials and passwords confidential. If you believe your account has been compromised, please contact us immediately.

 

By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail or by sending an email to you.

 

Please note that our services may contain links to third-party websites or services. We are not responsible for the security or privacy practices of those websites or services, so we encourage you to review their privacy policies and terms of use before using or accessing them.

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DATA STORAGE & RETENTION

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INTERNATIONAL DATA TRANSFERS

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We store and process your data in the United States. If you are located in the European Economic Area (EEA) or other regions with similar data protection laws, please be aware that we may transfer your personal information to the United States or other countries outside of the EEA that may not provide the same level of data protection as your home country. By using our Services, you consent to the transfer of your personal information to any country where we have facilities or service providers, and to the processing and storage of your personal information in those countries.

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RETENTION OF PERSONAL INFORMATION

 

We store the personal information we collect as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. When we no longer need to use your personal information for these purposes, we will securely delete or anonymize it. Please note that some data may be retained for longer periods as required by law or as necessary to exercise or defend legal claims.

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SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS

 

This Supplemental California Privacy Notice only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information tinyBuild has collected about them and whether tinyBuild disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below: