Privacy Policy and Notice at Collection
Effective Date: June 6, 2024
Schell Games LLC (the “Schell,” “we,” “us,” or “our”) is committed to privacy and data protection. This Privacy Policy and Notice at Collection (“Privacy Notice”) applies to personal information we collect from you, through our interactions with you, through the videogame known as Until You Fall (“UYF”), as well as how we use and protect personal information. You may download a copy of this Privacy Notice at https://untilyoufall.schellgam....
YOUR PRIVACY IS IMPORTANT TO US. PLEASE READ THIS PRIVACY NOTICE TO LEARN ABOUT THE INFORMATION THAT SCHELL COLLECTS FROM YOU AND HOW SCHELL USES THAT INFORMATION. BY USING UYF, YOU CONSENT TO THE COLLECTION, USE AND TRANSFER OF PERSONAL INFORMATION AS DESCRIBED IN THIS PRIVACY NOTICE. IF YOU HAVE NOT DONE SO ALREADY PLEASE REVIEW THE UYF TERMS OF USE AT https://untilyoufall.schellgam.... IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY NOTICE, THEN PLEASE DO NOT USE UYF.
Table of Contents
2. PERSONAL INFORMATION COLLECTION
3. PERSONAL INFORMATION COLLECTION AND USE
4. PERSONAL INFORMATION RETENTION
6. HANDLING OF PERSONAL INFORMATION
7. ACCESSING, UPDATING, AND DELETING PERSONAL INFORMATION
8. CHILDREN’S PRIVACY AND PARENTS
9. THE GENERAL DATA PROTECTION REGULATION (“GDPR”)
11. CHANGES TO THIS PRIVACY NOTICE
12. QUESTIONS OR COMPLAINTS HANDLING
NOTICE AT COLLECTION
1. SCOPE
This Privacy Notice does not apply to any third-party applications or software that integrate with UYF, or any other third-party products, services or businesses (collectively, “Third Party Services”). Third Party Services are governed by their own privacy policies. We recommend you review the privacy policy governing any Third Party Services before using them.
This Privacy Notice does not apply to any service that does not display, reference, or link to this Privacy Notice. If you have not done so already, please also review the applicable Terms of Use as well as any additional terms and conditions relating to any services you acquire (“Additional Terms”). This Privacy Notice and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of this Privacy Notice, the Additional Terms will prevail for UYF to which the Additional Terms apply.
2. PERSONAL INFORMATION COLLECTION
Below are some examples of the personal Information and sensitive personal information we may collect through UYF. Some of this information is provided by you directly, some of the information is collected through your interactions with UYF. There may be some overlap between the personal information in each category:
Identifiers and personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Such as a real name, alias, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
Protected Classification Characteristics and sensitive personal information. Such as age (40 years or older), sex (including gender, gender identity, gender expression). Schell only collects Protected Classification Characteristics and sensitive personal information to understand the diversity and demographics of its users.
Protected Classification Characteristics may include the following sensitive personal information: gender and sexual orientation information
Commercial information. Such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Sensory data. Such as audio or similar information.
Geolocation data. Such as physical location or movements. Schell does not collect precise geolocation data.
Inferences drawn from other personal information. Such as profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
We also obtain data from third parties or use third parties to assist us with data collection. For example, we may supplement the data we collect as described in this Section by purchasing demographic data from other companies. We also use services from other companies to help us determine a location based on your IP address notably to customize certain services to your location. In addition, we utilize third-party services to collect usage data.
3. PERSONAL INFORMATION COLLECTION AND USE
We will only use personal information when the law allows us to. Most commonly, we will use personal information in the following circumstances.
Where we need to perform the contract we are about to enter into or have entered into with you.
Where it is necessary for our legitimate interests (or those of a third party), and your interests and fundamental rights do not override those interests.
Where we receive your consent.
Where we need to comply with a legal or regulatory obligation.
We will only use personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process personal information about you without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We also use personal information when necessary for the performance of a contract in the following contexts:
To provide UYF and ongoing support for UYF;
To set up and maintain your account with us, if applicable;
- To manage our relationship with you which will include:
Notifying you about changes to the UYF Terms of Use or Privacy Notice
Asking you to leave a review or take a survey
Responding to your questions and inquiries
We use personal information for the following purposes based on our legitimate interests:
To communicate with you;
To administer and protect our business and UYF including troubleshooting, data analysis, security, testing, system maintenance, support, reporting, technical functionality, hosting of data, and in the context of a business reorganization or group restructuring exercise;
To prevent and investigate fraud and other misuses of UYF and maintain the safety of our customers;
To use data analytics to improve UYF, marketing, client relationships and experiences;
To communicate with you, including promotional communications, suggestions and recommendations to you about products or services that may be of interest to you and customer relationship management (“CRM”);
To help us run our company, for example to improve UYF or our security, train staff or perform marketing activities, including CRM; or
For accounting and other administrative purposes.
We may also use your personal information under limited circumstances where we receive your consent. For example, where you have consented to being recorded while using voice chat in UYF.
We may also use personal information when necessary to comply with legal obligations.
Examples of how we collect and use personal information include:
When you download and register for UYF. We use data to carry out your transactions with us and to provide UYF. Often, this includes personal information such as email, name, and Meta Quest, Steam, Discord, or other gaming platform ID. We may collect additional information from you when you register to use UYF, including contact information and credentials. We may use this data to diagnose and address problems and provide other services.
When you play UYF. We use data to continually improve UYF, including adding new features or capabilities. Data is collected throughout your interactions with UYF that enable us to understand customer usage and tailor future capabilities.
We track general, non-personalized information (e.g., operating system and type of device being used) to know how you utilize specific areas of UYF so that we may improve those services. We may use your IP address to customize services to your location, such as the language displayed on UYF.
To facilitate our understanding of how individuals use UYF. Schell uses this information to better understand how users interact with UYF and improve usability.
Please note that we use IP addresses on a highly restrictive basis to analyze trends and to collect general information for aggregate use.
We may also use data collected through game play to monitor compliance with the UYF Player Behavior and Code of Conduct, available att https://silentslayer.schellgam... and Terms of Use available at https://silentslayer.schellgam....
We are not responsible for monitoring or recording any activity on or communications made through UYF; although, we may do so in order to investigate violations of or enforce our agreement with you, or to protect our rights and property, or the rights of our partners and our users.
When we communicate with you. We use data we collect to deliver and personalize our communications with you. For example, we may contact you by email or other means to notify you of changes in information and updates to UYF or to our Privacy Notice.
We may collect the content of messages you send to us, such as feedback or questions you ask our support representatives, when necessary to provide you with UYF. When you contact us, chat sessions with our representatives may be monitored and recorded in order to improve UYF, facilitate the processing and resolution of your request or complaint.
When you participate in survey’s or studies. We may ask you to participate in a survey or study; and may request information from you. Participation is voluntary, and you have the choice of whether to disclose any requested information.
When we market to you. We use personal information to deliver marketing communications to you across various platforms, such as email, direct mail, social media, and online via UYF.
If we send you a marketing email, it will include instructions on how to opt out of receiving these emails in the future. For information about managing email subscriptions and promotional communications, please visit the Accessing, Updating, and Deleting Personal Information Section of this Privacy Notice. Please remember that even if you opt out of receiving marketing emails, we may still send you important Service information related to your accounts.
4. PERSONAL INFORMATION RETENTION
We retain each category of personal information in identifiable form only for as long as necessary to fulfill the purposes for which the personal information was provided to Schell or, if longer, to comply with legal obligations, to resolve disputes, to enforce agreements and similar essential purposes. 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 your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
5. HOW WE SHARE INFORMATION
It is the policy of Schell to protect users’ information both online and off-line. Access to our users’ information is restricted to only those employees or agents, contractors or subcontractors of Schell who have valid reasons to access this information to perform any Service you have requested or authorized, or for any other purpose described in this Privacy Notice.
The information you provide will not be sold or rented to third parties or shared for cross contextual behavioral advertising purposes.
We may provide personal information to:
our affiliates and subsidiaries, located in and outside your country or region;
outsourced service providers who perform functions on our behalf, located inside or outside of your country or region;
gaming platform providers through which you have purchased our game, such as Steam and Meta;
our authorized agents and representatives, located inside or outside of your country or region, who sell products or provide services on our behalf;
anyone expressly authorized by you to receive personal information; and
anyone to whom we are required by law to disclose personal information, upon valid and enforceable request thereof.
Schell may share personal information if Schell or one of its affiliates is involved in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control (in whole or in part). Schell requires that the shared personal information remain subject to the promises made in the then-current Privacy Notice, unless and until you agree to new privacy terms.
We will access, disclose and preserve personal information when we have a good faith belief that doing so is necessary to:
comply with applicable law or respond to valid legal processes, including from law enforcement or other government agencies, upon valid and enforceable request thereof;
maintain the safety of our customers and users, including to prevent violations of our Code of Conduct, available att https://silentslayer.schellgam...; or
operate and maintain the security of UYF, including to prevent or stop an attack on our computer systems or networks.
For residents of the European Economic Area (“EEA”) and United Kingdom (“UK”), Schell will disclose personal information only when permitted to do so under applicable UK, European and EU Member States’ national data protection laws and regulations.
Please note that UYF may direct you to services of third parties whose privacy practices differ from ours. If you provide personal information to any of those services, your data is governed by their privacy statements or policies. Schell and its affiliates are not responsible for the privacy practices of these other websites. Please review the privacy policies for these websites to understand how they process your information.
Business Purpose Disclosures
In the preceding twelve (12) months, we have disclosed personal information to the following third-parties for a business purpose.
Gaming and Platform Providers: Personal information may be processed by the platforms through which you have purchased UYF, such as Meta and Steam (“Platform Providers”). We do not store or have access to your payment information and do not control and are not responsible for the Platform Providers or their collection or use of personal information. You may find out more about how the Platform Providers collect, store, and use personal information by accessing the privacy policy for the Platform Provider’s services.
Analytics Providers: Personal information may also be processed by Unity Technologies and GameAnalytics Limited, our third-party analytics providers. Unity Technologies and GameAnalytics Limited collect and process usage data and other metrics concerning your use of UYF, such as session length, daily play time, and game performance, on our behalf. You may find out more about how Unity Technologies and GameAnalytics Limited collect, store, and use personal information by accessing their respective privacy policies available at: https://unity.com/legal/privacy-policy and https://gameanalytics.com/trust/privacy/privacy-notice.
Marketing preferences: If you have provided us with your contact information, we may, subject to any applicable Spam Act or similar regulation, contact you via email, postal mail or telephone about Schell products, services and events that may be of interest to you, including our newsletter.
E-mail communications you receive from Schell will generally provide an unsubscribe link allowing you to opt-out of receiving future e-mail or to change your contact preferences. Please remember that even if you opt out of receiving marketing emails, we may still send you important Service information related to your accounts and subscriptions.
You can generally opt-out of receiving personalized ads from third-party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising (DAA) by visiting the opt-out pages on the NAI website (http://optout.networkadvertisi...) and DAA website (http://www.aboutads.info/choices/).
You can also request changes to your account and marketing preferences by emailing Schell at privacy@schellgames.com.
6. HANDLING OF PERSONAL INFORMATION
Security of Personal Information
Schell is committed to protecting the security of personal information. Depending on the circumstances, we may hold your information in hard copy and/or electronic form. For each medium, we use technologies and procedures to protect personal information. We review our strategies and update as necessary to meet our business needs, changes in technology, and regulatory requirements.
These measures include, but are not limited to, technical and organizational security policies and procedures, security controls and employee training.
You are responsible for maintaining the security of your account credentials for UYF. Schell will treat access to UYF through your account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. We may suspend your use of all or part of UYF without notice if we suspect or detect any breach of security. If you believe that information you provided to us is no longer secure, please notify us immediately using the contact information provided below.
If we become aware of a breach that affects the security of personal information about you, we will provide you with notice as required by applicable law. To the extent permitted by applicable law, Schell will provide any such notice that Schell must provide to you at your account’s email address. By using UYF, you agree to accept notice electronically.
Storage and Transfer of Personal Information
Personal information collected by Schell may be stored and processed in your region, in the United States or in any other country where Schell, its affiliates or contractors maintain facilities. We take steps to ensure that the data we collect under this Privacy Notice is processed pursuant to the terms thereof and the requirements of applicable law wherever the data is located.
Schell also collaborates with third parties such as cloud hosting services and suppliers located around the world to serve the needs of our business, workforce, and customers. In some cases, we may need to disclose or transfer personal information within Schell or to third parties in areas outside of your home country. When we do so, we take steps to ensure that personal information is processed, secured, and transferred according to applicable law.
If you would like to know more about our data transfer practices, please contact our Legal Department at privacy@schellgames.com.
7. ACCESSING, UPDATING, AND DELETING PERSONAL INFORMATION
You may request access to, deletion of, or to correct an error or omission in personal information about you by contacting us at privacy@schellgames.com or write us at: Schell Games LLC, Attention: Privacy Inquiries, 220 W Station Square Drive, Pittsburgh, PA 15219. We will make good faith efforts to resolve requests to correct inaccurate information except where the request is unreasonable, requires disproportionate technical effort or expense, jeopardizes the privacy of others, or would be impractical. Residents of some jurisdictions may have additional rights concerning personal information; please see Section 9 “The General Data Protection Regulation” and Section 10 “Your State Privacy Rights” regarding these rights.
California Shine the Light Law: California Civil Code Section 1798.83 permits users who are California residents to obtain from us once a year, free of charge, a list of third parties to whom we have disclosed personal information (if any) for direct marketing purposes in the preceding calendar year. If you are a California resident and you wish to make such a request, please send an email with “California Privacy Rights” in the subject line to privacy@schellgames.com or write us at: Schell Games LLC, Attention: Privacy Inquiries, 220 W Station Square Drive, Pittsburgh, PA 15219.
8. CHILDREN’S PRIVACY AND PARENTS
We do not knowingly collect or store any personal information from children under 13 in the United States or under the relevant age threshold in other jurisdictions where the child is located. However, we may collect technical information required for delivering the service and for the support of our internal operations from all users of UYF. Consistent with the requirements of the U.S. Children’s Online Privacy Protection Act, if we learn that we received any information directly from a child under age 13 without his or her parent’s verified consent, we will use that information only to inform the child (or his or her parent or legal guardian) that he or she cannot use UYF. If parents believe that we have unintentionally collected their children’s personal information or otherwise used their children’s personal information for another purpose, they may contact us via the Questions or Complaints Handling section below.
We recognize the special need to protect the personal information of children. We strongly encourage parents to guide their children to never give out their real names, addresses, phone numbers, or other personal information without parental permission, when online. We also recommend that parents familiarize themselves with parental controls available on consoles, mobile telephones, tablets, headsets, and other devices they provide to their child and accompany their child when online. Parents should contact Schell immediately if they have any concerns. Please see the Questions or Complaints Handling section below for further details.
California Minors: If you are a California resident who is under age 18 and you are unable to remove publicly-available content that you have submitted to us, you may request removal by contacting us at: privacy@schellgames.com. When requesting removal, you must be specific about the information you want to be removed and provide us with specific information, such as the URL for each page where the information was entered, so that we can find it. We are not required to remove any content or information that: (1) federal or state law requires us or a third party to maintain; (2) was not posted by you; (3) is anonymized so that you cannot be identified; (4) you don’t follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the Content or information. Removal of your content or information from UYF does not ensure complete or comprehensive removal of that content or information from our systems or the systems of our service providers. We are not required to delete the content or information posted by you; our obligations under California law are satisfied so long as we anonymize the content or information or render it invisible to other users and the public.
9. THE GENERAL DATA PROTECTION REGULATION (“GDPR”)
Residents of the EEA and UK may be entitled to other rights under the GDPR. These rights are summarized below. We may require you to verify your identity before we respond to your requests to exercise your rights. If you are entitled to these rights, you may exercise these rights with respect to personal data (as defined in the GDPR) that we collect and store:
the right to withdraw your consent to data processing at any time (please note that this might prevent you from using certain aspects of UYF);
the right to access personal data about you;
the right to request a copy of personal data about you;
the right to correct any inaccuracies in personal data about you;
the right to erase personal data about you;
the right to data portability, meaning to request a transfer of personal data about you from us to any other person or entity as chosen by you;
the right to request restriction of the processing of personal data about you; and
the right to object to processing of personal data about you.
You may exercise these rights free of charge. These rights will be exercisable subject to limitations as provided for by the GDPR. Any requests to exercise the above listed rights may be made to: privacy@schellgames.com. If you are an EEA or UK resident, you have the right to lodge a complaint with a Data Protection Authority about how we process personal data about you at the following website: https://edpb.europa.eu/about-e...;
International Transfers of Personal Data
Whenever we transfer personal data out of the EEA or UK, we ensure a similar degree of protection is afforded to it by using a solution that enables lawful transfer of personal data to a third country in accordance with Article 45 or 46 of the GDPR (including the European Commission Standard Contractual Clauses).
For additional information on the mechanisms used to protect personal data, please contact us at privacy@schellgames.com.
10. YOUR STATE PRIVACY RIGHTS
State consumer privacy laws may provide their residents with additional rights regarding our use of personal information. The following Section applies to individuals who reside in specific jurisdictions that provide additional privacy rights, including California and Virginia.
Your Rights and Choices
Right to Access Specific Information and Data Portability Right. You have the right to request that we disclose certain information to you about our collection and use of 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).
If we disclosed personal information for a business purpose, the business purpose for which personal information was disclosed, and the personal information categories that each category of recipient obtained.
Right to Correct Information. You have the right to request we update personal information about you that is incorrect in our systems.
Right to Delete. You have the right to request that we delete any personal information about you 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) the personal information from our records, unless an exception applies.
Right to Opt-out of the sale or sharing of Personal Information for Cross-Contextual Behavioral Advertising. We do not sell or share personal information.
Right to Limit Sensitive Personal Information Use. You have the right to limit the use of sensitive personal information regarding you.
Non-Discrimination. We will not discriminate against you for exercising any of your rights.
Exercising Your Rights
To exercise the access, data portability and deletion rights described above, please complete and email us a copy of this Verifiable Consumer Request Form to privacy@schellgames.com or submit a request using our webform, both available at https://schellgames.com/verifiable-consumer-access-and-deletion-request-form.
To appeal a decision regarding a consumer rights request, please submit your appeal using one of the three 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.
Only you, or a person registered with the applicable Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to personal information about you. You may also make a verifiable consumer request on behalf of your minor child.
You may only make such a 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, 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 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.
We endeavor to respond to a verifiable consumer request within forty-five (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. We will deliver our written response electronically. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. 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 the personal information that is readily usable 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.
11. CHANGES TO THIS PRIVACY NOTICE
We may update this Privacy Notice based upon evolving Laws, regulations and industry standards, or as we may make changes to our business including UYF. We will post changes to our Privacy Notice on this page and encourage you to review our Privacy Notice when you use UYF to stay informed. If we make changes that materially alter your privacy rights, Schell will provide additional notice, such as via email or through UYF. If you disagree with the changes to this Privacy Notice, you should discontinue your use of UYF.
12. QUESTIONS OR COMPLAINTS HANDLING
We understand that you may have questions or concerns about this Privacy Notice or our privacy practices or may wish to file a complaint. In such case, please contact us in one of the following ways:
Email: privacy@schellgames.com
Phone: +1.412.390.0101
Mail: Schell Games LLC
Attention: Privacy Inquiries
220 W Station Square Drive
Pittsburgh, PA 15219