Privacy policy.
Privacy and Cookie Policy
This Privacy and Cookie Policy (“Policy”) describes the personal information that Superbrothers Audiovisual Inc. (“Superbrothers”, “we” or “us”) collects from or about you when you use our websites, games and related products and services. It also describes how we use that information, and to whom we disclose it. “Personal information” means information about an identifiable individual, and does not include general, statistical or aggregated information.
Please read this Policy carefully. If you do not agree with this Policy, you should not access or use our websites or our games.
This Policy was last updated on July 23, 2021. We reserve the right to revise this Policy at any time and, as such, you should review its terms each time that you use our websites or our games. Any changes to this Policy will be promptly communicated on this page, but will not go into effect until at least five (5) days after they are posted.
Accountability and Openness / Compliance
Superbrothers is responsible for personal information under our control. We have established policies and procedures to effectively safeguard any confidential personal information that we have on file or which we collect, and to deal with complaints and inquiries. We only collect personally identifiable data when it is voluntarily submitted by you through the use of our games, and we are committed to maintaining the accuracy, confidentiality and security of your personal information. We will ensure that you have access to information regarding the policies and procedures that we use to manage your personal information.
Superbrothers has designated a privacy officer (“Privacy Officer”) who is accountable for the protection of data containing personal information and for our compliance with this Policy generally. All questions or concerns regarding this Policy, and our compliance with it, should be directed to the Privacy Officer in writing and sent by email to:
Privacy Officer
Superbrothers Audio Visual Inc.
privacy@Superbrothers.ca
Every complaint or challenge regarding our compliance with this Policy will be investigated and, where a deficiency is found to exist, we will take appropriate measures to address it. This may include amending our policies and procedures as necessary. We will also cooperate with regulatory authorities to resolve any complaints that cannot be resolved between us and an individual user.
In the event of a security breach concerning personal information, we will notify affected individuals within 72 hours of discovering the breach. In any event, if a breach is likely to affect the rights and freedoms of the affected individual, we will ensure that the notification is made without undue delay.
Consent
Except as expressly provided in this Policy or as otherwise permitted by law, we will obtain your consent for the collection of personal information and the subsequent use or disclosure of that information. Consent may be express or implied. Typically, we will seek consent for the use or disclosure of personal information at the time of collection, and reasonable efforts will be made to ensure that you understand the purpose(s) for which the information will be used or disclosed. In certain circumstances, consent regarding use or disclosure may be sought after the information has been collected, but before use, such as when Superbrothers wishes to use personal information already in its possession for a purpose that was not previously identified.
By voluntarily submitting your personal information, or by using our websites or games, you signify your agreement to the terms and conditions of this Policy and to our use of your personal information in accordance with this Policy. You may make inquiries, or change or withdraw your consent to the collection, use and/or disclosure of your personal information at any time by contacting the Privacy Officer in writing at either of the addresses listed above (see: Accountability and Openness / Compliance). In some circumstances, particularly where our use of your information is integral to the provision of a product or service, a change or withdrawal of consent may affect your ability to use a game, an application and/or our ability to provide you with certain information, products or services.
Collection of Information
What Information is Collected and How?
We collect personal information only to the extent that it is necessary for the purposes set out below (see: Purpose - Why We Collect, Use and Disclose Information). In most cases, we will only collect personal information directly from you when you interact with us through our websites or by email. Certain of your personal information may be provided to us by Sony Interactive Entertainment LLC or their related companies based on your consent or as otherwise permitted, as more fully described in their privacy policy available at https://www.playstation.com/en-us/legal/privacy-policy. Personal information will always be collected using means that are fair and lawful.
Examples of personal information that we may collect, use and disclose include your name and email address, whether you are a minor, and other information that you may provide to us in conjunction with your use of our games, websites or services.
If you provide comments or other feedback to us, you agree that such comments or other feedback become the property of Superbrothers, and we may use and disclose them for any purpose provided that we do not associate them with your personally identifiable information.
Information Collected through Automated Means
Users may visit our websites without telling us who they are, or revealing any information about themselves. However, like many organizations’ websites, our web server automatically logs certain non-identifying information related to a user’s visit to the websites, including the Internet Protocol (IP) address of the user’s computer, the user’s Internet service provider (ISP), the type and version of the browser that the user is using, the date and time the user accessed our websites, the Internet address of the website from which the user linked directly to our site, the operating system that the user is using, and the pages of the websites that the user has visited. We will not attempt to link this information with the identity of individuals visiting our websites unless we have permission to do so. We may, however, review server logs and anonymous traffic for system administration and security purposes, for example to detect intrusions into our network, for planning and improving web services, and to monitor and compile statistics about website usage. The possibility therefore exists that server log data, which contains users’ IP addresses, could in instances of criminal malfeasance be used to trace and identify individuals. In such instances, we may share raw data logs with the appropriate authorities for the purpose of investigating security breaches.
Cookies
We may use cookies in order to improve our service and your user experience, to analyze how our website is used, and to assist with the planning and design of our games, our business and marketing. “Cookies” are small text files that are placed on your computer by websites that you visit. They are used to identify you to the web server, and will tell the server who you are when you return to a page on the same website. Your browser will only send a cookie back to the domain that originally sent it to you. A cookie cannot run any programs, deliver any viruses, or send back information about your system. Session cookies expire when you close your browser. Persistent cookies remain on your device until they are deleted or expire. We may use cookies to determine and facilitate your access privileges on our website, to complete and support a current activity, to track website usage, to remember your language and other preferences, and to generally improve your experience.
If cookies are used a banner will inform you of the use of cookies when you visit the website for the first time and will seek your express consent to their use, and provide a direct link to this information page. Most web browsers automatically accept cookies, but if you do not wish to have cookies on your system, you should adjust your browser settings to decline them or to alert you when cookies are being sent. If you decline cookies, you will still be able to use the website or application, but your ability to access certain features and functions may be affected. To find out more about cookies, including how to see what cookies have been set and how to manage and remove them, please visit AboutCookies.org or All_About_Cookies.org.
Squarespace
Our data is hosted on the Squarespace platform. Squarespace Inc. collects information about your interactions with us, although they use this in an anonymous, aggregated or pseudonymized form which does not focus on you individually. This data is used to evaluate, provide, protect or improve Squarespace’s services (including by developing new products and services). Squarespace may also share data with us regarding your use of our websites, so that we may analyze the use of our websites and improve our products and services. Squarespace’s privacy policy may be found at https://squarespace.com/privacy.
DNT / California “Do Not Track” Disclosure
“Do Not Track” is an Internet browser setting regarding tracking. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser. When a user turns on Do Not Track, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Do Not Track browser settings or signals. For more information about Do Not Track, please visit www.allaboutdnt.org.
Retention of Personal Information
Subject to any legal or accounting requirements, we will retain personal information only as long as necessary to fulfill the purposes for which it was collected. Personal information that is no longer required will be destroyed, erased or made anonymous, although copies of deleted information may continue to exist on back-up media. You may request the erasure of your personal information at any time, which we will endeavor to do without undue delay as required by applicable law. Written requests should be sent to the Privacy Officer at the address set out above (see: Accountability and Openness / Compliance)
Purpose - Why We Collect, Use and Disclose Information
We will identify the purposes for which we collect personal information before or when we request the information. We will not collect personal information which is not necessary and, except as specified below, will not use or disclose personal information for any purpose other than the purpose(s) for which it was collected without first obtaining your consent. The information that we collect is used and disclosed only for business purposes. These include:
• to enable you to register to access restricted areas of our websites;
to provide you with support updates and forum notifications;
• to provide you with content, including any content that you may have purchased in the Playstation™ Store;
• to allow you to participate in contests and rewards programs;
• to obtain feedback regarding our games, websites, newsletters and events;
• to verify that any information submitted by you is accurate and complete;
• to communicate with you and to create a record of your involvement with us;
• to provide you with newsletters, information and promotional materials regarding Superbrothers, and our products and services;
• internal business purposes, such as administering or improving our games, promotional materials and websites;
• to protect us against error, fraud, theft or damage to our assets, our business or our property;
• to comply with any legal, accounting and regulatory requirements, including reporting requirements;
• any other reasonable purpose for which you provide consent, or for which consent may be implied in accordance with this Policy and applicable law.
Where personal information that has been collected is to be used for a purpose not previously identified, and for which consent cannot be reasonably implied, the new purpose will be identified and consent obtained prior to the use of that information for the new purpose unless otherwise permitted by law.
We comply with Canadian “anti-spam” legislation, and will only send you electronic communications as permitted by law. Note that you may always unsubscribe from our electronic communications by following the “unsubscribe” link clearly included in each communication, or by notifying the Privacy Officer at the address set out above (see: Accountability and Openness / Compliance).
Legal Basis for the Use of Your Personal Information (EEA and UK Residents)
Superbrothers will only process your personal information where we have a legal basis to do so. The legal basis will depend upon the reason or reasons for which we collected and require the use of your information. The legal basis will generally be one or more of the following:
The performance of the contract that we have with you, for example, for enabling you to use our games and to access our newsletters, blogs and other web-based resources.
Our legitimate interests (or those of a third party) in conducting and managing our business to enable us to give you the best service and the best and most secure experience, such as providing you with the best appropriate content for our websites, emails and newsletters; to enhance user experience; and to improve and promote our games and services, and the content on our websites. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting the Privacy Officer at the address set out above (see: Accountability and Openness / Privacy Officer).
To comply with legal obligations.
To protect your vital interests, or those of another natural person.
Where you have consented to our use of your personal information for particular purposes, such as newsletters and other direct marketing. Where we process personal information based on your consent, you may withdraw your consent at any time by contacting the Privacy Officer at the address set out above (see: Accountability and Openness / Privacy Officer).
Disclosure to Third Parties
Your personally identifiable information is never sold and, except as specifically provided in this Policy or permitted by law, will not be shared with third parties unless we provide you with both prior notice and choice.
You acknowledge that, in the course of our supply of products and services to you, we may delegate our authority to collect, access, and use your information to third party service providers. Third party service providers may include web hosts, e-commerce platforms and payment processors. If we transfer any personal information to a third party service provider, we will provide the service provider only with the information needed to perform the subcontracted service, and will use appropriate contracts, European Commission Standard Contractual Clauses (SCC) or other means to provide a comparable level of protection while the information is being used by them. Details regarding the personal information that we make available to our third party service providers, and how it is used, is available by contacting the Privacy Officer at the address set out above (see: Accountability and Openness / Compliance). Any request made by you to correct, change or erase your personal information will be promptly communicated to any third party service providers in possession of that information.
We may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law, government request, request of a law enforcement agency, search warrant, subpoena or court order, or based on our good faith belief that it is necessary to do so in order to comply with such law, request, warrant, subpoena or court order, or to protect our assets, the users of our websites, products or services, or the public.
California Residents: California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding our disclosure of personal information to third parties for direct marketing purposes. We do not disclose personal information to third parties for marketing purposes. Further information may be obtained by contacting the Privacy Officer at the address set out above (see: Accountability and Openness / Privacy Officer).
Safeguards – How Information is Protected
We have implemented reasonable physical, organizational, contractual and technological security measures to protect personal information in our possession or under our control from loss or theft, and from unauthorized access, disclosure, copying, use or modification, regardless of the format in which the information is held. The safeguards applied will depend on the sensitivity of the personal information, with the highest level of protection given to the most sensitive personal information. We use user IDs, password, and encryption technology, and restrict the employees and contractors who have access to personal information to those having a “need to know” and who are bound by confidentiality obligations, in order to ensure that information is handled and stored in a confidential and secure manner. User email addresses are stored on secure Squarespace® servers. We do not collect or store credit card or other payment information – any payment information that you submit in connection with the use of our games will be processed by Sony Interactive Entertainment LLC or their related companies in accordance with their privacy policy: https://www.playstation.com/en-us/legal/privacy-policy. When destroying personal information, we delete electronically stored personal information and shred any tangible materials containing personal information. While we will endeavour to destroy all copies of personal information, you acknowledge that deleted information may continue to exist on back-up media but will not be used unless permitted by law.
We will continually review and update our security policies and controls as technology evolves. However, no security technology can be guaranteed to be failsafe. Using the Internet or other public means of communication to collect and process personal data may involve the transmission of data on an international basis and across networks not owned and/or operated by us. We cannot be responsible for any personal information that is lost, or that is altered, intercepted or stored by a third party without authorization.
Accuracy / Access / Deletion – Your Privacy Rights
Superbrothers has a responsibility to ensure that all personal information contained in our records or which is disclosed to third parties for the purposes described above is accurate, complete and up-to-date. You have the right to know what personal information we maintain about you. You may make a request in writing for access to your personal information by contacting the Privacy Officer at the address set out above (see: Accountability and Openness / Compliance). Including “Request personal information” in the subject line of your email will facilitate compliance with your request. We will inform you of your personal information held by us, and provide an account of the use that has been made of the information, as well as identify any third parties to whom the information has been disclosed.
In certain circumstances, Superbrothers may not be able to provide you with access to all or some of your personal information, in which case you will be advised in writing of the reasons for our inability to provide you with the information.
If you demonstrate the inaccuracy or incompleteness of your personal information, the information will be amended as appropriate. You should advise us immediately if you discover inaccuracies in our data, or if your personal information changes. Except as provided by applicable law, you have the right to require that we delete any of your personal information without undue delay, particularly in cases where the information is no longer required by us, you no longer consent to our use of your personal information, or if our use was in violation of this Policy or applicable law. Deletion of your personal information may affect our ability to provide, and your ability to access, our products and services.
All notices and requests regarding inaccuracies, changes or erasure should be in writing and sent to the Privacy Officer at the addresses set out above (see: Accountability and Openness / Compliance).
International Transfer and Storage of Information
You acknowledge and agree that your personal information may be transmitted, transferred, processed, and/or stored outside of Canada, including in the United States. We will use reasonable means to ensure that your information is protected, but cannot guarantee that the laws of any foreign jurisdiction will accord the same degree of protection as the laws of Canada. By submitting your personal information to us, you consent to the transmission, transfer, processing and/or storage of your personal information outside of Canada.
EEA and UK Residents: If we transfer the personal information of individuals from the European Economic Area or the United Kingdom to a country or organization that is outside of the European Economic Area or the United Kingdom, we will ensure a similar degree of protection is afforded to it by ensuring at least one of the following transfer solutions is implemented:
We will only transfer your personal information to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission Standard Contractual Clauses, see Standard Contractual Clauses.
Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
You may make a request in writing if you would like further information on the specific mechanism used by us when we transfer personal information to countries or organizations that are outside of the European Economic Area or the UK by contacting the Privacy Officer at the address set out above (see: Accountability and Openness / Privacy Officer).
Minors
Individuals under 16 years of age may only use our games, applications, websites or related services with the consent of, in conjunction with, and under the supervision of a parent or guardian. Superbrothers does not knowingly collect personal information from individuals under 16 years of age without parental consent.
Governing Law
You agree that your access to and use of the Superbrothers websites and applications, and this Policy, are governed exclusively by the laws of the Province of British Columbia and the federal laws of Canada applicable therein (excluding conflicts or choice of laws principles). In case of any inconsistency between this Policy, and applicable law, applicable law shall prevail and this Policy shall be interpreted so as to apply only to the extent permitted by law.