Last updated: 22 May 2023

This Privacy Policy applies to all of the games, software, products, features, and services made available, displayed and offered by, on or through our website located at devolverdigital.com (“Site”). The websites and properties of affiliated companies, including some that are linked to/from the Site, may have different privacy policies; therefore, please review the privacy policy notices on those websites or properties if you visit them. If you have any questions about this Privacy Policy, please feel free to contact us using our details below or through our website.

Individuals under the age of 18 (or the relevant age in your country/region) should consult their parents or legal guardians before providing us with any personal information.

What personal information we collect and how we use it

The personal information we collect about you broadly falls into the following categories:

Information that you provide voluntarily

Certain parts of our Site may ask you to provide personal information voluntarily. For example, we collect information from you when you enter and submit your information on our Site to join our mailing list, including your name and email address, when you purchase items from the Site or when you apply to join the Devolver Beta Squadron. When you purchase items via the Site we require certain information to process your order and deliver the products to you. Your personal data we process includes:

• Identify and contact details;
• Financial details, such as your payment information and payment methods;
• Customer transaction details, such as your order information, as well as any enquiries, or complaints submitted to us.

We process this personal information to fulfil your order, communicate with you, deal with your request, including sending communication directly to you, following up on any issues raised.

Where you choose to apply to text upcoming games we collect your name, email, country location and language to consider your application. We also collect information about your game preferences such as your favourite games, genres and your gaming platform so we can invite you to review games that are of most interest to you. This information is only used for the purpose of processing your application and communicating with you with respect to this. We do not use this information for any other purpose.

In the past 12 months, we have collected the following information:

• Identifiers (such as your name, username, third party account names and email address);
• Business records (such as payment information and delivery information);
• Demographic information / Classification characteristics (such as your gender and age);
• Commercial information (such as games and services purchased/ordered);
• Audio, video and other electronic data (such as any information you submit in forums, chat or message boards, as well as questions you address to our customer service and any interaction that you may have with us);
• Profiles and inferences (such as your game preferences); and
• Other Information, e.g., any other information you choose to directly provide to us in connection with your use of the services, surveys we sent to you, or sweepstakes you may enter Information that we collect automatically.

Information that we collect automatically

When you visit the Site, we may collect certain information automatically from your device. Specifically, we collect your device details, such as your IP address. We may also collect your device type, unique device identification numbers, browser, device location, and other technical information including how your device has interacted with the Site, including the pages accessed and links clicked.

Collecting this information enables us to better understand the visitors who come to our Site, where they come from and what content on the Site is of interest to them. We use this information for our internal analytics purposes and to improve the quality and relevance of our Site to visitors.

Some of this information may be collected using cookies and similar tracking technology, as explained further under the heading “Cookies and similar tracking technology” below.

In the past 12 months, we have collected the following information for the following purposes:

• Identifiers (such as cookies);
• Internet or other electronic network activity information (such as browser information, information about files you download from us and domain names); and
• Geolocation data (such as your state and country location based on your IP address).

Information that we obtain from third party sources

From time to time, we may receive personal information about you from third party sources (including social media companies), but only where you have chosen to use your social media account information to register/login to certain parts of our Site. We only collect information from these third parties where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us.

The types of information we collect from third parties include your name, age, gender, profile picture and profile information and we use the information we receive from these third parties to register you with Devolver using your social media login credentials.

In the past 12 months, we have collected the following information:

• Identifiers (such as your name, username and email address);
• Demographic information / Classification characteristics (such as your gender and age);
• Profiles and inferences (such as your game preferences).

In general, we will use the personal information we collect from you only for the purposes described in this Privacy Policy or for purposes that we explain to you at the time we collect your personal information. However, we may also use your personal information for other purposes that are not incompatible with the purposes we have disclosed to you if and where this is permitted by applicable data protection laws.

Who we share your personal information with

We do not disclose, sell, exchange, transfer or give your personal data to a third party outside of Devolver without your consent or another valid legal basis. We may disclose your personal information to the following categories of recipients:

• to our group companies;
• to our third-party service providers and partners who provide processing services to us (for example to assist us in operating our website, conducting our business, or servicing you, or who otherwise process personal information for the purposes that are described in this Privacy Policy or notified to you when we collect your personal information). Categories of our service providers include, but not limited to:
  • Payment service providers such as Shopify;
  • Hosting service providers such as Vercel;
• to any competent law enforcement body, regulatory, government agency, court or other third parties where we believe disclosure is necessary (i) as a matter of applicable law or regulation; (ii) to exercise, establish or defend our legal rights; or (iii) to protect your vital interests or those of another person;
• to an actual or potential buyer (and its agents or advisors) in connection with any actual or proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer that it must use your personal information only for the purposes disclosed in this Privacy Policy;
• to any other person with your consent to the disclosure.

In the preceding 12 months, we have disclosed the following categories of personal information described above for the business purposes described in this Privacy Policy:

• Identifiers such as those set forth above;
• Internet or other electronic network activity information;
• Demographic information / Classification characteristics;
• Commercial information;
• Geo-location data;
• Audio, video and other electronic data; and
• Profiles and inferences.

Legal basis for processing personal information

Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.

However, we will normally collect personal information from you only (i) where we need your personal information to perform a contract with you, (ii) where the processing is in our legitimate interests and not overridden by your rights, or (iii) where we have your consent to do so. In some cases, we may also have a legal obligation to collect personal information from you.

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

If we collect and use your personal information in reliance on our legitimate interests, this interest will normally be to operate our Site and communicate with you as necessary to provide our services to you and for our legitimate commercial interest, for instance, when responding to your queries, or improving our Site. We may have other legitimate interests and if appropriate we will make clear to you at the relevant time what those legitimate interests are.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the details provided below.

Cookies and similar tracking technology

We use cookies and similar tracking technology (collectively, “Cookies”) to collect personal information about you and your device when you visit our Site. For further information about the types of Cookies we use, why, and how you can control Cookies, please see our Cookie Notice.

Most modern web browsers give you the option to send a Do Not Track signal to the sites you visit, indicating that you do not wish to be tracked. However, there is no accepted standard for how a site should respond to this signal, and we do not take any action in response to this signal.

Third-Party Sites

We may include links to or widgets from other third-party products or services on our website. These third-party sites have separate and independent privacy policies. We have no control, responsibility or liability for the content and activities resulting from the use of any linked sites, and we encourage you to read the privacy policies on any such third-party sites and proceed only if you are comfortable with such terms.

Security

The security of your personal information is important to us; however, no method of transmission over the Internet, or method of electronic storage is 100% secure. We use appropriate technical and organizational measures to protect the personal information that we collect and process about you. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. Specific measures we or third-party service providers use include anti-virus software and firewalls, access controls, encryption and detection and prevention software.

Guidelines for children and parents

We will not collect any personally identifiable information from children under the age of 18 (or the relevant age in your country/region) without prior verifiable parental consent. When verifiable parental consent is not obtained, we may only use the online contact information (such as email) to:

1. Respond directly to the child’s request on a one-time basis and not use that information to re-contact the child for other purposes. Once we have responded to such request we will delete the information provided immediately;
2. Request the name or online contact information of a parent for the purpose of obtaining verifiable parental consent or providing parental notification; and
3. Respond more than once directly to a specific request from a child and not used to re-contact the child for other purposes. We will use our best efforts to provide parental notification, which will include the nature and intended use as well as an opportunity for the parent to prevent the use of the information and participation in the activity.

We will never condition a child’s use of our site on the child disclosing more personal information than is reasonably necessary to use our website.

Data retention

We will retain your information as needed to provide you with the requested services or where we have an ongoing legitimate business need to do so (for example, to comply with applicable legal, tax or accounting requirements as well as to resolve disputes and enforce our agreements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

International data transfers

Your personal information may be transferred to, stored or processed in the United States or another host country other than the country in which you are resident. These countries may have data protection laws that are different from the laws of your country.

Specifically, our Site servers are located in the US, and our group companies and third-party service providers and partners operate around the world. This means that when we collect your personal information we may process it in any of these countries.

However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Policy. These include implementing the European Commission’s Standard Contractual Clauses for transfers of personal information between our group companies, which require all group companies to protect personal information they process from the UK or EEA in accordance with the UK and/or European Union data protection law, as applicable.

Our Standard Contractual Clauses can be provided on request. We have implemented similar appropriate safeguards with our third-party service providers and partners and further details can be provided upon request.

Data protection rights

You have the following data protection rights:

• If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us using the contact details provided below.
• In addition, you can object to the processing of your personal information, ask us to restrict the processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided.
• You have the right to opt out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you.
• Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
• You have the right to opt-out of the “sale” of your personal information to “third parties” at any time. As discussed above, we disclose information with certain third parties for the purposes described above. We do not believe that our disclosure in this regard would qualify as a sale, as we do not provide personal information to third parties for monetary or other valuable consideration. Nonetheless, if you are a California or a Nevada resident who has purchased goods or services from us, you may submit a request to record your preference to opt-out by emailing us at the contact address provided below.
• You have the right to be notified of any financial incentives and their material terms, the right to opt-out of such incentives at any time, and may not be included in such incentives without your prior informed opt-in consent. We do not offer any such incentives at this time.
• You have the right to non-discrimination for the exercise of your data protection rights. We will not discriminate against you for exercising any of these rights.
• You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact the UK Information Commissioner’s Office (ICO) whose details are available here.
• California law also permits you to request certain information regarding the disclosure of your personal information by us and our related companies to third parties for third parties direct marketing purposes. We do not disclose your personal information to third parties for their own direct marketing purposes.

You can also authorize an agent to submit a request on your behalf. An authorized agent must have your signed permission to submit a request on your behalf or provide proof that they have power of attorney in accordance with applicable law. Where you use an agent, we will ask for verification of your authorization, namely a copy of your written authorization for the agent to submit the request on your behalf.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

Changes to our privacy policy

We may update this Privacy Policy from time to time in response to changing legal, technical or business developments. When we update our Privacy Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Policy changes if and where this is required by applicable data protection laws.

You can see when this Privacy Policy was last updated by checking the “last updated” date displayed at the top of this Privacy Policy.

Contact us

If you have any questions or concerns about our use of your personal information, please contact us using the following details:

• By email: privacy@devolverdigital.com
• By post: 251 Little Falls Drive, Wilmington, Delaware 19808, USA

The legal entity responsible for the handling of your personal information is Devolver Digital Inc. Other entities within the Devolver group may also be responsible for your personal information, depending on your location and the type of product or service provided.