RED HOOK STUDIOS

PRIVACY STATEMENT

Red Hook Studios (“Red Hook”, “we”, or “us”) respects your privacy and is committed to protecting the personal information you may provide to us while using or accessing or services, using our website, by voluntarily interacting with us, and while using our games, including Darkest Dungeon and Darkest Dungeon II (each a “Game”, together the “Games”) available from us directly, and online stores including but not limited to, the following: Valve doing business as STEAM, Humblebundle, Microsoft Store, Nintendo Switch, Sony Playstation Network, and from the Epic Games Store.

The purpose of this privacy statement is to inform you about our privacy practices, including how we collect, use and disclose your personal information. This privacy statement relates to all of our activities, unless we have provided you with a separate privacy statement for a particular product, service or activity (the “Policy”).

Please review the Policy carefully.By submitting your personal information to us, by accessing or using any of the products or services we offer, including the Games, by using our website, or by voluntarily interacting with us, you consent to our collecting, using and disclosing your personal information as set out in this Policy, as revised from time to time.

Your continued use of our services and/or the Games following the posting of any amendment to this Policy shall constitute your acceptance of such amendment.

WHAT IS IN THIS PRIVACY POLICY?

Meaning of Personal Information
Your Consent to Collection, Use and Disclosure
Personal Information We Collect
What Non-Personal Information We Collect
How We Use Your Personal Information
How We Share Your Personal Information
Opting Out
Retention of Personal Information
Information Security
Accessing and Updating Your Personal Information
International Transfer and Storage of Information
Third Party Websites and Services
Children’s Information
Public Forums
Newsletters
Privacy Statement Updates
Contact Us

MEANING OF PERSONAL INFORMATION

"Personal information" means recorded information that is reasonably capable of identifying an individual.This information may include, but is not limited to, your name, date of birth, mailing address, e-mail address and telephone number.

Personal information does not include information that has been anonymized or aggregated in such a way that there is no serious possibility it can be used to identify an individual, whether on its own or in combination with other information.

Generally speaking, under Canadian privacy laws personal information does not include any business contact information that is solely used to communicate with you in relation to your employment, business or profession, such as your name, position name or title, work address, work telephone number, work fax number or work electronic address. Under the European Union’s General Data Protection Regulation (“GDPR”) this information is considered and treated as personal information. We have elected to treat all customer data in accordance with the GDPR standard, regardless of location.

YOUR CONSENT TO COLLECTION, USE, AND DISCLOSURE

Where appropriate, we collect, use and disclose your personal information with your consent or as permitted or required by law.How we obtain your consent (i.e. the form we use) will depend on the circumstances, as well as the sensitivity of the information collected.Subject to applicable laws, your consent may be express or implied, depending on the circumstances and the sensitivity of the personal information in question.If you choose to provide personal information to us, we assume that you consent to the collection, use and disclosure of your personal information as outlined in this privacy statement.

Typically, we will seek your consent at the time your personal information is collected. Where we want to use your personal information for a purpose not previously identified to you at the time of collection, we will seek your consent prior to our use of such information for this new purpose.

You may withdraw your consent to our collection, use or disclosure of your personal information at any time by contacting us using the contact information in the “Contact Us” section below.However, before we implement the withdrawal of consent, we may require proof of your identity. In some cases, withdrawal of your consent may mean that we will no longer be able to provide certain products or services, including access to the Game(s).

If you provide personal information about another individual to us, it is your responsibility to obtain the consent of that individual to enable us to collect, use and disclose his or her information as described in this privacy statement.

PERSONAL INFORMATION - WHAT WE COLLECT FROM YOU

We do not collect any personal information from you unless you provide it to us in one of the ways discussed in this Policy.

You may provide us this information by signing up for our email list. This information includes but is not limited to your name and email address.

You may also provide us this information directly through the Games, for example by setting up an account on the Games or by submitting a player support query relating to the Games. If you decide to provide us with your personal information (including but not limited to, name, email address, and mailing address, username/online ID, geographical information and country of residence), we will collect only the personal information which is needed to fulfill your requests and our legitimate business objectives. If you refuse to divulge your personal information when requested, you may not be able to access certain areas of the Games (such as chat rooms and message boards).

We may collect information from you related to your performance or use of a Game. As an example, we may collect information about your performance in a Game, including statistics, scores, or similar accomplishments on a “leader board” or other similar posting comparing your performance to other users of a Game.

We also collect Game play telemetry, crash reports, and other in-Game data analytics which may include information such as your operating system, general geolocation information. This is used to improve the Game. This functionality is “Opt-In” and you will be prompted within the Game if you wish to participate.

We may also receive information directly if your account for the Game is connected to a social media or other site containing your personal information (for example, Discord, STEAM, or Epic Games Store). This information may include your user information, demographic information, and other information associated with your account on the social media site. While we may receive your personal information from various sources, once we have received this information, it will be treated in accordance with this Policy.

In addition, while you are using the Game(s), it may monitor your computer’s Random Access Memory (RAM) for unauthorized third party programs that interact with the Game(s). If such an unauthorized third party program is detected, the Game(s) may collect certain formation about your IP address, the program at issue, and the date and time of detection.

For individuals who backed one or our products on Kickstarter, we may have received certain information including your name, email address, and mailing address.

For individuals who visit our website(s) located at www.darkestdungeon.com (collectively, “our websites”), we may collect information from you or from your activities on the sites:

Online store: when you place an order on our online store, we collect information necessary to process your order, including your name, contact information, billing address, shipping address and items ordered. We do not collect payment card information.If you make an online payment using a payment card, such as a credit card or debit card, you are connected directly to our online payment processing service provider and your payment card information is collected and processed by that service provider.
Like most websites and other Internet services, we may collect certain technical and device information about your use of our website.Such information may include your Internet protocol address, information about your device (e.g model or operating system), browser and operating system, and the date and time of your visit. We may also collect or infer your geographic location based on your IP address.
We may also use “cookies” or enlist third party services which use cookies to track your preferences and activities on our websites.Cookies are small data files transferred to your computer’s hard-drive by a website, if your browser is enabled to accept cookies.They keep a record of your preferences, making your subsequent visits to the site more efficient. Cookies may store a variety of information, including the number of times that you access a site, your registration information and the number of times that you view a particular page or other item on the site.The use of cookies is a common practice adopted by most major sites to better serve their users.Most internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions or “Help” screen to learn more about how to manage cookies. Please note, however, that if you block cookies, some portions of the Game may not function properly. For more information on cookies, please click here.

For individuals who otherwise interact with us, whether in person, by phone or email, through social media or otherwise, including individuals who might be interested in acquiring our products or services, who sign-up to receive newsletters or other communications, or who respond to surveys and questionnaires, we may collect information that you provide to us during these interactions. This information may include your name, e-mail address and other contact information.

By providing personal information to us, you voluntarily consent to the collection, use and disclosure of such personal information as specified in this Policy.Without limiting the foregoing, we may on occasion ask you to consent when we collect, use, or disclose your personal information in specific circumstances.Sometimes your consent will be implied through your conduct with us if the purpose of the collection, use or disclosure is obvious and you voluntarily provide the information.

WHAT OTHER INFORMATION WE COLLECT FROM YOU

General, aggregated, demographic, and non-personal information may be collected by us through the Game(s), but any such information will not be linked to any of your personal information. This type of anonymous, aggregated profiling and session data may include information that you have provided to us through surveys, polls etc., and may also include aggregated anonymous information about Game usage and the customer base.In many cases, we will automatically collect certain information about your use of the Game(s), including but not limited to information concerning the type of internet browser or computer operating system you are using, and the domain name of your internet service provider. To do this, we may use cookies and other technology.

We may disclose aggregated information about you, and information that does not identify any individual, without restriction.

HOW WE USE YOUR PERSONAL INFORMATION

Personal information which we collect from you will only be used as described in this Policy. Except as described in this Policy, we will not give any of your personal information to any third party without your express approval.

We may use your personal information for the following purposes:

to provide you with our products and services, and to support your use of our products and services. Applicable legal basis under the GDPR: performance of a contract;
to contact you relating to our products and services. Applicable legal basis under the GDPR: consent;
to create your account and allow you to play the Game(s). Applicable legal basis under the GDPR: performance of a contract;
to respond to your requests for customer service, account maintenance, or technical support. Applicable legal basis under the GDPR: performance of a contract;
to provide software updates. Applicable legal basis under the GDPR: performance of a contract;
to operate, improve, and develop the quality of the Game(s) through in-Game analytics, crash reports, telemetry, and through polls, surveys and other similar feedback gathering activities conducted by us. Applicable legal basis under the GDPR: legitimate interest;
to notify players of in-Game updates, new products or promotional offers. Applicable legal basis under the GDPR: consent;
to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners. Applicable legal basis under the GDPR: consent;
to monitor and improve our products and services, and to develop new products and services. Applicable legal basis under the GDPR: legitimate interest;
to analyze the needs and activities of our users and customers to help us better serve them. Applicable legal basis under the GDPR: legitimate interest;
to conduct research and analysis related to our business, products and services. Applicable legal basis under the GDPR: legitimate interest;
to respond to inquiries and other requests. Applicable legal basis under the GDPR: consent where appropriate or performance of a contract;
to provide you with information that we think may interest you, including in regards to our products and services. Applicable legal basis under the GDPR: consent;
to protect the rights, property or personal safety of you, us, our users and the public. Applicable legal basis under the GDPR: legitimate interest;
to enforce this Policy or our Terms of Service, including specifically the prohibition on unauthorized third party programs. Applicable legal basis under the GDPR: performance of a contract;
to prevent fraud or potentially illegal activities. Applicable legal basis under the GDPR: legitimate interest;
to investigate legal claims. Applicable legal basis under the GDPR: legal obligation; and
as required to comply with applicable laws or as authorized by applicable laws.

We may occasionally communicate with you regarding the Game(s) or other offerings we believe might be of interest to you. You have the option to not receive this information.We provide an opt-out function within all email communications of this nature, or alternatively we will cease to communicate with you for this purpose if you contact us and tell us not to communicate this information to you.

Whatever the purpose may be, we will collect and process your personal information to the extent you have provided us with you consent, or alternatively as reasonably necessary to fulfill our contracts with you, perform our legitimate business objectives, or as may be required by applicable law. We may use your personal information and other information for purposes for which we have obtained your consent, and for such other purposes as may be permitted or required by applicable law.

HOW WE SHARE YOUR PERSONAL INFORMATION

We rely on third party services providers to perform a variety of services on our behalf. This may include technical support providers, hosting, data storage and processing service providers, and research and analytics providers.

If we provide your information to service providers, then we require that the service providers maintain the confidentiality of your personal information and keep your personal information secure.We also require that they only use your personal information for the limited purposes for which it is provided.When our service providers no longer need your personal information for those limited purposes, we require that they dispose of the personal information.In some circumstances, we may permit our service providers to retain aggregated, anonymized or statistical information that does not identify you.We do not authorize the service providers to disclose your personal information to unauthorized parties or to use your personal information for their direct marketing purposes. A more detailed list of third party service providers is outlined below under “Third Party Websites and Services”.

Additionally, we may use and disclose your information when we believe such use or disclosure is permitted, necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce the terms of the agreements for our products and services; (e) to protect our operations or those of any of our affiliates or subsidiaries; (f) to protect our rights, privacy, safety or property, and/or those of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

If we otherwise intend to disclose your personal information to a third party, we will identify that third party and the purpose for the disclosure, and obtain your consent.

In addition, we may transfer your personal information and other information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries or other assets.

OPTING OUT

If you no longer want to receive marketing-related emails from us, you may opt-out of receiving marketing-related emails by clicking the “unsubscribe” link at the bottom of any email you receive from us.You may also opt-out by contacting us directly using the contact information in the “Contact Us” section below.

We will endeavour to respond to your opt-out request promptly, but we ask that you please allow us a reasonable time to process your request.Please note that if you opt-out from receiving marketing-related emails, we may still need to send you communications about your use of our products or services, or other matters.

In addition, under the Options Menu in the Game(s), you may opt in to certain data collection functions. As noted above, opting out may prevent you from accessing some part of the Game(s) functions, including specifically multiplayer portions.

RETENTION OF PERSONAL INFORMATION

We will use, disclose or retain your personal information only for as long as necessary to fulfill the purposes for which that personal information was collected and as permitted or required by law.

If you would like more information on the periods during which your personal information will be kept, please contact us using the contact details in the “Contact Us” section below.

INFORMATION SECURITY

We have implemented physical, organizational, contractual and technological security measures with a view to protecting your personal information and other information from loss or theft, unauthorized access, disclosure, copying, use or modification.We have taken steps to ensure that the only personnel who are granted access to your personal information are those with a business ‘need-to-know’ or whose duties reasonably require such information.

While we precaution against possible breaches in its web sites and customer databases, no web site or Internet transmission is completely secure, so unfortunately we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Game(s) is at your own risk.

If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any information that you provided to us has been compromised), please contact us immediately using the contact information in the “Contact Us” section below.

RIGHTS REGARDING YOUR PERSONAL INFORMATION

We make reasonable efforts to ensure that your personal information is kept as accurate, complete and up-to-date as reasonably necessary.We will not routinely update your personal information, unless such a process is necessary.We expect you, from time to time, to supply us with updates to your personal information, when required.

You may make a written request to review any personal information about you that we have collected, used or disclosed, and we will provide you with any such personal information to the extent required by law.You may also challenge the accuracy or completeness of your personal information in our records and request corrections. If you successfully demonstrate that your personal information in our records is inaccurate or incomplete, we will amend the personal information as required. To exercise these rights, please contact us by using the contact information in the “Contact Us” section below.

Under the GDPR, you may be entitled to additional rights, including: (i) the right to withdraw consent to processing where consent is the basis of processing; (ii) the right to object to unlawful data processing, under certain conditions; (iii) the right to erasure of Personal Information about you, under certain conditions; (iv) the right to demand that we restrict processing of your Personal Information, under certain conditions, if you believe we have exceeded the legitimate basis for processing, processing is no longer necessary, or believe your Personal Information is inaccurate; (v) the right to data portability of Personal Information concerning you that you provided us in a structured, commonly used, and machine-readable format, under certain conditions; (vi) the right to object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you, under certain conditions. If you want to learn more about your rights under the GDPR, you can visit the European Commission's page on Data Protection at: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en .

You also have the right to lodge a complaint with the relevant data protection authority.

We may require that you provide sufficient identification to fulfill your request to access or correct your personal information.Any such identifying information will be used only for this purpose.

INTERNATIONAL TRANSFER AND STORAGE

Your personal information may be stored in Vancouver, Canada, and processed in any country where we have facilities or in which we engage third party service providers, notably in the United States. As a result, your personal information may be transferred to countries outside your country of residence, which may have different data protection rules than in your country.While such information is outside of your country, it is subject to the laws of the country in which it is located, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country.

However, our practices regarding your personal information will at all times continue to be governed by this Privacy Policy and, we will comply with the GDPR requirements providing adequate protection for the transfer of personal information from the EU/EEA to third country, such as standard contractual clauses.

THIRD PARTY WEBSITES AND SERVICES

This Policy applies only to our websites and products.It does not extend to any websites, products, social media platforms or services provided by third parties.

As outlined above, we rely on third party services providers to perform a variety of services on our behalf in connection with our websites and products, such as e-commerce providers, payment card processers, telephone and technical support providers, hosting, data storage and processing service providers, and research and analytics providers.

There may be times where a third party may ask to collect your personal information themselves. These third parties can include advertisers and third party service providers and payment processors. When you provide your personal information to such third parties, they will use your personal information in accordance with their own privacy policies and not this Policy. Therefore, you should read their privacy policies carefully before providing them with your personal information. We are not responsible for the privacy practices of such third parties, and we encourage you to review all third party privacy policies prior to using third party websites or products or services. The third party service providers we use, includes but is not limited to, the following:

Discord. We use Discord to facilitate community discussion amongst our user base and to gather feedback on the Games. For more information, please visit their privacy policy at: https://discord.com/privacy
Amazon Web Services. We use Amazon Web Services as part of our data storage and cloud computing pipeline. For more information, please visit their privacy policy at: https://aws.amazon.com/privacy/?nc1=f_pr
BackerKit. We may use BackerKit to assist with processing our obligations related to our crowdfunded projects. For more information, please visit their privacy policy at: https://www.backerkit.com/privacy_policy
DreamHost. We may use DreamHost for website services and hosting of website data. For more information, please visit their privacy policy at: https://www.dreamhost.com/legal/privacy-policy/
Kickstarter. We used Kickstarter to crowdfund for the Game and fulfilling our obligations related to our crowdfunding project. For more information, please visit their privacy policy at: https://www.kickstarter.com/privacy?ref=global-footer
MailChimp. We may use MailChimp to maintain our email database. For more information, please visit their privacy policy at: https://mailchimp.com/legal/privacy/
PlayFab. We use Playfab to assist with in-Game matchmaking, analytics and crash reports. For more information, please visit their privacy policy at: https://playfab.com/terms/
Snowflake. We use Snowflake for data storage and cloud computing. For more information, please visit their privacy policy at: https://www.snowflake.com/privacy-policy/
SquareSpace. We may use SquareSpace for website services and hosting of website data. z For more information, please visit their privacy policy at: https://www.squarespace.com/privacy
Unity3D. We use Unity3D as part of Game development and bug and feedback recording. For more information, please visit their privacy policy at: https://unity3d.com/legal/privacy-policy
Zuar.We may use Zuar to process and understand in-Game analytics data for purpose of improving the Game, troubleshooting, and monitoring statistical information about Game usage.For more information, please visit their privacy policy at: https://www.zuar.com/privacy-policy

If you would like more information about our service providers, please contact us using the contact information in the “Contact Us” section below.

CHILDREN’S INFORMATION

The Game is not intended for children under 13 years of age, or under the age of consent determined by the user’s country of residence.We do not knowingly collect personal information from children under the age of consent for purposes of their country of residence. If we learn we have collected or received personal information from a child under the material age without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13 (or under another applicable age of consent based on the country of residence), please contact us using the information “Contact Us” section below.

PUBLIC FORUMS

Personal information disclosed by you within Discord or other instant message services, message boards, or during game play can be collected by other users of our websites or the Game(s), as applicable. We are not responsible for protecting such information that you may disclose to third parties through discussion boards, or other messaging features.To the extent that you create a public profile that may be made available to others on our websites or the Game(s), you are solely responsible for its content and accuracy at all times.

NEWSLETTERS

As part of your participation in the Game(s), we may send you email to operate or promote the Game(s) or other products we believe may be of interest to you. In addition, we may contact you using other personal information that you have provided to us (such as a physical mailing address) or contact information that you have made publicly available (such as through a social networking service).We provide an opt-out function within all email communications of this nature, or alternatively we will cease to communicate with you for this purpose if you contact us and tell us not to communicate this information to you.

PRIVACY STATEMENT UPDATES

This Policy is current as of the “updated” date which appears at the top of this page.We may modify this privacy statement from time to time.When changes are made to this privacy statement they will become immediately effective when published in a revised privacy statement posted on our website unless otherwise noted.We may also communicate the changes through our services or by other means.By submitting your personal information to us, by accessing or using any of the products or services we offer, by using our website, or by voluntarily interacting with us after we publish or communicate a notice about the changes to this privacy statement, you consent to our collecting, using and disclosing your personal information as set out in the revised privacy statement.

CONTACT US

All comments, questions, concerns or complaints regarding your personal information or our privacy practices should be sent to our Privacy Officer as follows:

Address: