Privacy Policy
1. What does this Notice cover?
This Privacy Policy and Notice at Collection (this “Notice”) sets
forth how we collect, use, protect, store, disclose, and otherwise
process your Personal Information (defined below). This Notice does
NOT apply to information you provide to any third party or is
collected by any third party (except as otherwise provided below).
By using our Services, you are confirming that you understand English
well enough to understand this Notice. Should you have questions about
this Notice, please contact us by completing a support ticket at
https://koolkid19028.wixsite.com/projectkool or emailing us at
koolkid19028@gmail.com, so we can clarify and address your
questions.
2. How do we process Children’s Personal Information?
In accordance with the policies of Meta®, our Games are available to
Quest Pro, Quest 2, Quest 3, and next-gen headset users at least 10
years of age who access our Games using a Parent-Managed Account, and
Quest 1 and Rift users at least 13 years of age. In accordance with
the policies of Valve®, our Games are available to Steam users at
least 13 years of age.
If you become aware that an underage user has provided us with
Personal Information or that a user has accessed our Games without
using a Parent-Managed Account as required by Meta, please contact us
by completing a support ticket at https://koolkid19028.wixsite.com/projectkool or
emailing us at koolkid19028@gmail.com, so we may delete their
Personal Information.
Parent-Managed Accounts for Oculus Users 10-12 Years of Age
If you self-identify or are identified by Meta® as being between 10-12
years of age (each, a “Preteen User”), your gameplay experience will
automatically be restricted. For example, Preteen Users are
automatically restricted from communicating with or otherwise making
their Personal Information publicly available to other users of our
Games. Preteen Users will only be able to use monkey sounds to
communicate with other users, will be assigned randomly-generated name
badges, will be prohibited from joining private servers using room
codes, and will be restricted from purchasing in-Game items.
We do not administer Parent-Managed Accounts for Preteen Users. For
more information on creating and managing an account for a Preteen
User, please review Meta’s education hub
athttps://www.meta.com/quest/safety-center/parental-supervision/
3. What categories of Personal Information do we collect?
We may collect different types of information from you depending on
how you use our Services, including Personal Information. “Personal
Information” means information that relates to an identified or
identifiable natural person. The categories of Personal Information we
may collect are listed below. Certain types of Personal Information
may fall under more than one category.
We do not knowingly or intentionally process any sensitive Personal Information.
We may also collect information that does not generally identify you
but may become associated with your account. We may use information
that does not identify you for any permissible business or operational
purpose under applicable law.
Games
When you play our Games, we may process your:
• Identifiers: usernames (Game username and Steam username), email
address, unique or online ID (such as a third party ID from
PlayStation, Oculus, Viveport, or PlayFab), Internet Protocol address,
and hardware ID and hardware information;
• Geolocation: country;
• Commercial information: purchase history of in-game items and DLCs;
• Internet or other similar network activity: gameplay information,
Game settings, and user preferences and language;
• Audio, electronic, visual, thermal, olfactory, or similar
information: movement data (tracking your hands and head) and voice
data; and
• Other: Oculus age category (i.e., child, teen, or adult) and
information from the content that you send to us directly by
submitting a support ticket.
Websites
When you visit our Websites, we may process your:
• Identifiers: first and last name, Oculus ID, and email address;
• Internet or other similar network activity: interaction with our Websites;
• Personal Information categories listed in the California Customer
Records statute (Cal. Civ. Code § 1798.80(e)): first and last name;
and
• Other: information from the content that you send to us directly by
completing the “Contact Us” form on our Websites or by submitting a
support ticket.
Game Discord Channel
When you visit our Game Discord Channel, we may process your:
• Identifiers: Discord username, Discord user ID, and email address; and
• Other: information from the content that you share publicly on Discord.
4. From what sources do we collect Personal Information?
Directly From You
We may collect your Personal Information when you provide it to us
directly, including the examples below.
• When you create an account for our Games, we may collect your
username and Internet Protocol address.
• When you play our Games, we may collect your movement data (tracking
your hands and head) and voice data.
• When you contact us through the “Contact Us” form on our Websites,
we may collect your first and last name, email address, and records
and copies of your correspondence.
• When you submit a support ticket, we may collect your email address,
and records and copies of your correspondence.
• When you respond to a survey or questionnaire, we may collect the
information you provide.
Automatically From You
We may collect your Personal Information automatically as you use our
Services. For example, we may collect your Personal Information as you
interact with our Websites or as you play our Games. For more
information about our and third parties’ use of cookies and other
automatic data collection technologies and certain choices we offer to
you with respect to them, please see Section 5 below.
From Third Parties
We may receive your Personal Information from or through third parties
that help us provide or facilitate your access to our Services. For
example, we may receive your Personal Information from the below third
parties.
• Game publishers such as Sony®, Meta®, and Valve®: When you play our
Games, we may receive your Oculus age category (i.e., child, teen, or
adult), PlayStation account, online, and NP IDs, email address,
gameplay information, Game settings, and user preferences and
language, and when you purchase in-Game items or DLCs, we may receive
your purchase history. By way of another example, when you submit a
support ticket, we may receive your Oculus ID.
• Backend providers such as Microsoft Azure PlayFab® or Unity®: When
you play our Games, we may receive your PlayFab ID (and associated
Oculus ID, Steam username, or Viveport ID). When you are banned from
our Games, we may receive your hardware ID.
• Social media platforms such as Discord®: When you join our Game
Discord channel, we may receive your Discord username, user ID, and
the information that you share publicly on our Discord channel. When
you appeal against being banned from our Game Discord channel, we may
receive your email address.
We abide by this Notice when we use Personal Information provided to
us by third parties. However, we may not control the Personal
Information that third parties collect or how they use that Personal
Information. You should review the third parties’ privacy policies for
more information about how they collect, use, and share the Personal
Information they obtain and use.
5. How do we and third parties use cookies and other automatic data
collection technologies?
Cookies are small pieces of text sent to your browser by a website you
visit. They help that website remember information about your visit,
which can both make it easier to visit the site again and make the
site more useful to you.
Our Cookies and Other Automatic Data Collection Technologies
We may use cookies and other automatic data collection technologies on
our Services to collect Personal Information, for example, regarding
your interaction with our Websites. By way of another example, when
you play our Games, we may automatically collect your Internet
Protocol address, gameplay information, and user preferences.
Third Party Cookies and Other Automatic Data Collection Technologies
Cookies and other automatic data collection technologies on our
Services may come from third parties as listed below. These cookies
and other automatic data collection technologies improve your
experience by helping us better tailor our Services to you.
• Google Analytics® and YouTube®: Google Analytics is a web analysis
service and YouTube is a video sharing and social media platform of
Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043,
United States. The Personal Information collected by Google in
connection with your use of our Websites is transmitted to a server of
Google in the United States, where it is stored and analyzed. Google’s
collection and use of Personal Information is subject to Google's
privacy policy: www.google.com/policies/privacy/partners/.
Choices about Cookies
You may set your browser to refuse all or some browser cookies or to
alert you when cookies are being sent (for Google:
https://tools.google.com/dlpage/gaoptout). Please note that, if you
disable or refuse cookies or other automatic data collection
technologies, some aspects of our Services may be inaccessible or not
function properly.
6. For what purposes do we collect your Personal Information?
We may collect your Personal Information for the below purposes.
• To provide or improve our Services: We may use your Personal
Information to process your requests to access our Services and
certain of their features and to generally present and improve our
Services. For example, we may use your Personal Information to create
your account for our Games, to grant you access to our Games, to
fulfill in-Game purchases, and to improve our Games or Websites.
• To administer our Services: We may use your Personal Information for
any lawful business or operational purpose in connection with
administering our Services. For example, we may use your Personal
Information to respond to support tickets or business or media
inquiries sent by you.
• To market our Services: We may use your Personal Information to
market our Services to you. For example, with your prior consent, we
may share news and updates about our Services through our Game Discord
channel.
• In furtherance of legal and safety objectives: We may access, use,
and share with others your Personal Information for purposes of safety
and other matters in the public interest. We may also provide access
to your Personal Information to cooperate with official investigations
or legal proceedings (e.g., in response to subpoenas, search warrants,
court orders, or other legal processes). We may also provide access to
your Personal Information to protect our rights and property and those
of our agents, users, and others, including to enforce our agreements,
policies, and our Terms of Service. For example, we may use your
Personal Information to respond to inappropriate or reported conduct
in-Game, to enforce user bans for our Games and Game Discord channel,
and for moderation and enforcement of Discord channel policies.
• In connection with a sale or other transfer of our business: In the
event all or some of our assets are sold, assigned, or transferred to
or acquired by another company due to a sale, merger, divestiture,
restructuring, reorganization, dissolution, financing, bankruptcy, or
otherwise, your Personal Information may be among the transferred
assets.
• As we may describe to you when collecting your Personal Information:
There may be other situations when we collect your Personal
Information and simultaneously describe the purpose for that
collection.
Lawful Basis
We only collect, use, or store your Personal Information for a lawful
basis such as:
• you voluntarily provide it to us with your specific, informed, and
unambiguous consent (for example, through our Game Discord channel);
• it is necessary to provide you with a Service that you have
requested (for example, providing you access to our Games);
• we have a legitimate business interest that is not outweighed by
your privacy rights (for example, to ban users); or
• it is necessary to protect your vital interests or the vital
interests of others (for example, where necessary to protect the
safety of one of our users or someone else).
7. In what situations do we disclose your Personal Information?
We may disclose your Personal Information to a third party, such as a
service provider or contractor for a business or operational purpose,
or with your consent. When we disclose Personal Information for a
business or operational purpose, we enter into a contract with the
service provider or contractor that describes the purpose and requires
the service provider or contractor to both keep that Personal
Information confidential and not use it for any purpose except
performing the contract. These service providers and contractors
include our:
• backend platform service providers such as for error and crash reporting;
• email service providers;
• game analytics providers; and
• customer support representatives and providers.
We may also disclose your Personal Information:
• to our subsidiaries and affiliates;
• to our lawyers, consultants, accountants, business advisors, and
similar third parties who owe us duties of confidentiality;
• to a buyer or other successor in the event of a sale, merger,
divestiture, restructuring, reorganization, dissolution, or other
transfer of some or all of our assets, whether as a going concern or
as part of bankruptcy, liquidation, or similar proceeding, in which
Personal Information retained by us pertaining to the users of our
Services is among the assets transferred;
• to comply with any court order, law, or legal process, such as
responding to a government or regulatory request;
• to enforce any contract we may have in effect with you;
• if we believe disclosure is necessary or appropriate to protect the
rights, property, or safety of us, our users, or others; and
• if you have consented to such a disclosure.
We do not sell, rent, or share your Personal Information for cross
contextual behavioral or targeted advertising, automated
decision-making, or profiling purposes.
8. How is my Personal Information protected?
Our Retention, Purpose Limitation, and Security Policies
We protect your Personal Information through a combination of
collection, security, and retention policies.
• Limited retention: We retain each category of Personal Information
only for as long as necessary to fulfill the purposes for which the
Personal Information was provided to us or, if longer, to comply with
any legal obligations, to resolve disputes, and to enforce contracts.
For example, we may retain Personal Information collected about you to
prevent repeated violations or suspected violations of our Terms of
Service if your account has been banned or your access to our Services
has been disabled for any reason. To determine the appropriate
retention period for Personal Information, we consider the amount,
nature, and sensitivity of the Personal Information, the potential
risk of harm from unauthorized use or disclosure of the Personal
Information, the purposes for which we process the Personal
Information and whether we can achieve those purposes through other
means, and the applicable legal requirements. For example, subject to
the foregoing considerations, it is our policy to delete your Personal
Information if we stop operating our Games or the feature through
which the Personal Information was acquired.
• Purpose limitation: We will use your Personal Information only for
our Services you choose to access and for the purposes notified to
you, unless we otherwise obtain your consent. We limit the collection
of Personal Information to what is adequate, relevant, and reasonably
necessary for those purposes.
• Security measures: We use reasonable security measures to ensure a
level of security appropriate to the volume and nature of Personal
Information processed and risk involved, considering the size, scope,
and type of our business, and have implemented contractual, technical,
administrative, and physical security measures designed to protect
your Personal Information from unauthorized access, disclosure, use,
and modification. As part of our privacy compliance processes, we
review these security procedures on an ongoing basis to consider new
technology and methods as necessary. However, please understand that
our implementation of security measures as described in this Notice
does not guarantee the security of your Personal Information. In the
event of a security breach, we will notify the proper regulatory
authorities and any affected users of the breach within 72 hours after
we become aware of the breach to the extent required by applicable
law.
Your Practices and Activities
Your practices and activities are likewise very important for the
protection of your Personal Information. You should take certain steps
to help protect your Personal Information, such as being mindful of
what you share publicly in our Games or Game Discord channel,
including the below.
• Do not use your real name when selecting a username.
• Do not share your real name or anything private about yourself or
anyone else with other users of any Game or Game Discord channel.
• Do not pick a password that is easy to guess, and do not share your
password.
Please remember that we have no control over what other users do with
the content of your communications and no responsibility or obligation
regarding other users.
9. How do we treat Personal Information transferred to the United States?
Place of Business
We may store or process your Personal Information outside of the
country where we collect the information or the country in which you
reside. Our primary place of business is in the United States. You
should understand that we may transfer some or all of your Personal
Information to the United States to carry out certain operational and
processing needs as described in this Notice.
Transfer Mechanisms
When transferring Personal Information out of foreign countries, we
implement technical, organizational, and physical safeguards to
protect your Personal Information. We use European Commission approved
standard contractual clauses and implement related measures where
required by applicable law. Please contact us if you have questions
related to the relevant transfer mechanism for your Personal
Information.
10. What rights do you have to your Personal Information?
Right to Access, Correct, Delete, or Restrict Processing
Subject to any limitations and exceptions under applicable law, you
have the right to request access to your Personal Information and
exercise the below rights.
• You have the right to correct or update certain types of Personal
Information. In many cases, you can review or update your account
information by accessing your account online.
• You have the right to request deletion of your Personal Information.
If you choose to have your Personal Information removed from our
Services, we will carry out your request within 30 days of account
verification, subject to extension, and we will only retain minimal
Personal Information to document your request and the actions we took
to carry out your request.
• You have the right to restrict certain processing of your Personal
Information and the right to object to some types of processing of
your Personal Information.
• You have the right to withdraw your consent at any time.
• You have the right to lodge a complaint regarding our collection,
storage, or processing of your Personal Information with a data
protection supervisory authority in the country where you live or
work.
We will comply with your requests in accordance with, and subject to,
applicable law. For example, we are not required to delete your
Personal Information if we have an overriding legitimate ground for
retaining that information, such as to prevent fraud. Please note that
we are legally prohibited from carrying out requested actions in some
instances, including (1) when we are unable to confirm your identity
or (2) where doing so would adversely affect the rights or freedoms of
others. Further, we are not required to carry out a requested action
in some instances, including where the request is considered
excessive.
We are Here to Help
Please complete a support ticket at https://koolkid19028.wixsite.com/projectkool
or email us at koolkid19028@gmail.com with the subject line “Privacy
Request” if you would like to exercise any of the rights described
above or if you have questions regarding your rights.
11. Additional Notice for California, Colorado, Connecticut, Utah, and
Virginia Residents
California Online Privacy Protection Act
The following applies to California residents:
• We do not track users of our Services over time and across third
party websites or online services and therefore do not respond to Do
Not Track signals. We are not aware of any third party that tracks
users of our Services over time and across third party websites or
online services. Please note that Do Not Track is a different privacy
mechanism than the Global Privacy Control, a legally recognized
browser-based control that indicates whether you would like to opt out
of the processing of your Personal Information for certain purposes.
California Shine the Light Law
The following applies to California residents:
• California residents may request information from us concerning any
disclosures of Personal Information we may have made in the prior
calendar year to third parties for direct marketing purposes. If you
are a California resident and you wish to request information about
our compliance with this law or our privacy practices, please contact
us by completing a support ticket at https://koolkid19028.wixsite.com/projectkool
or emailing us at koolkid19028@gmail.com.
State Privacy Laws
The following applies to California, Colorado, Connecticut, Utah, and
Virginia residents (in the event of a conflict between this Section 11
and any other section in this Notice, this Section 11 controls):
• Right to Know and Access: You have the right to request that we
disclose certain information to you about our collection and use of
your Personal Information. Once we receive and confirm your verifiable
consumer request, we will disclose to you the following, to the extent
retained by us:
o the categories of Personal Information we collected about you;
o the categories of sources for the Personal Information we collected about you;
o our business or commercial purpose for collecting, selling, or
sharing that Personal Information;
o the categories of third parties with whom we disclose that Personal
Information;
o the specific pieces of Personal Information we collected about you
(also known as a data portability request); and
o if we sold or shared your Personal Information, two separate lists
disclosing (1) sales, identifying the Personal Information categories
that each category of recipient purchased, and (2) disclosures for a
business or operational purpose, identifying the Personal Information
categories that each category of recipient obtained.
• Right to Deletion: 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 and contractors to delete) your Personal Information from
our records, unless an exception under applicable law applies. We may
deny your deletion request if retaining the information is necessary
for us or our service providers or contractors to:
o complete the transaction for which we collected the Personal
Information, fulfill the terms of a written warranty or product recall
conducted in accordance with federal law, provide our Services that
you requested, take actions reasonably anticipated within the context
of our ongoing business relationship with you, or otherwise perform
our contract with you;
o help to ensure the security and integrity of our Services to the
extent the use of your Personal Information is reasonably necessary
and proportionate to those purposes;
o debug our Services to identify and repair errors that impair
existing intended functionality;
o exercise free speech, ensure the right of another user to exercise
their free speech rights, or exercise another right provided for by
law;
o comply with the California Electronic Communications Privacy Act;
o 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 Personal Information’s
deletion may likely render impossible or seriously impair the
research’s achievement, if you previously provided consent;
o enable solely internal uses that are reasonably aligned with user
expectations based on your relationship with us and compatible with
the context in which you provided the Personal Information; or
o comply with a legal obligation.
• Right to Correction: You have the right to request that we correct
inaccurate Personal Information. Once we receive and confirm your
verifiable consumer request, we will use commercially reasonable
efforts to correct the inaccurate Personal Information, taking into
account to the nature of the Personal Information and the purposes of
the processing of the Personal Information.
No Discrimination
We will not discriminate against you for exercising any of your
privacy rights under applicable law. Unless permitted by applicable
law, we will not:
• deny you our Services;
• charge you different prices or rates for our Services, including
through granting discounts or other benefits, or imposing penalties;
• provide you a different level or quality of our Services; or
• suggest that you may receive a different price or rate for our
Services or a different level or quality of our Services.
Verifiable Consumer Requests
To exercise your rights described above, please complete a support
ticket at https://projectkool.com/or email us koolkid19028@gmail.com
with the subject line “State Privacy Rights.” Only you, or someone
legally authorized to act on your behalf, may make a verifiable
consumer request related to your Personal Information. 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; and
• 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 that the Personal Information relates to you. We
will only use Personal Information provided in a verifiable consumer
request to verify your 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, we will inform you of the
reason and extension period in writing. If you have an account with
us, we will deliver our written response to that account. If you do
not have an account with us, we will deliver our written response by
mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period
preceding the receipt of verifiable consumer request, unless you
request a longer period of time for Personal Information we collected
about you after January 1, 2022. The response we provide will also
explain the reasons we cannot comply with a request, if applicable.
To appeal a decision regarding your verifiable consumer request,
please submit your appeal using one of the two methods above. Your
appeal should include an explanation of the reason you disagree with
our decision. Within 60 days of receipt of an appeal, we will inform
you in writing of any action taken or not taken in response to the
appeal, including a written explanation of the reasons for the
decisions.
For data portability requests, we will select a format to provide your
Personal Information that is readily useable, easy-to-understand, 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.
12. How will we notify you of changes to this Notice?
We reserve the right to change this Notice from time to time
consistent with applicable law. If we make changes to this Notice, we
will notify you by revising the date at the top of this Notice and
provide you with additional notice such as an in-Game notice or email
notification.
13. How can you contact us?
If you have questions, you may complete a support ticket
at https://koolkid19028.wixsite.com/projectkoolor email us koolkid19028@gmail.com
If you are a law enforcement agency, please email us at
projectkool.com with your request for Personal Information with the
subject line “Law Enforcement Request.”
