We ask that you read this privacy policy carefully. This policy contains important information on who we are, how and why we collect, store, use and share personal information, your rights in relation to your personal information and how to contact us and the relevant data protection authority in the event you have a complaint.

This policy is divided into the following sections:

• Who we are

• Scope of this policy

• Third party websites

• Collection and use of your personal information

• Our legal basis for processing your personal information

• Whether personal information has to be provided by you, and if so why

• Who we share your personal information with

• Transfer of your personal information out of the UK

• Your data protection rights

• How to complain

• Changes to this policy

• How to contact us

• Do you need extra help?

Who we are

We are Kinetic Games Limited and our company registered office is at Stag Gates House, 63/64 The Avenue, Southampton, Hampshire, United Kingdom, SO17 1XS. We are a video games developer and publisher; for more information see https://kineticgames.co.uk/. We operate this website.

We collect, use and are responsible for certain personal information about you. We are a ‘controller’ of that personal information and as such we have certain obligations under United Kingdom (UK) data protection law in relation to that personal data.

Scope of this policy

This privacy policy relates to our collection and use of personal information about you when you engage with us through our communication channels, such as by post, email or through Discord, Twitter or YouTube.

Third party websites

We may engage with you via websites owned and operated by third parties and/or provide links to such websites from our website. These third party websites include:

• Discord, where we may engage with you and receive bug reports and suggestions so we may improve our products and services

• Twitter, where we may engage with you

• YouTube, where we may engage with you and direct you to our videos

• Steam, where you may purchase our games

• Viveport, where you may purchase our games

These third parties may also gather personal information about you in accordance with their own separate privacy policies. For privacy information relating to these other third parties, please consult their privacy policies as appropriate.

Collection and use of your personal information

We collect personal information about and from you when you contact us by email or post, send us feedback or post material to our YouTube Channel, Discord Server or via Twitter.

The personal information we collect about you depends on the information you provide to us and may include:

• your name

• your username

• your email address

• your postal address

• personal information in your feedback

• personal information in your bug reports

Your personal information is used to improve our games and online services and take action in response to you contacting us.

Our online services are not intended for use by children and we do not knowingly collect or use personal information relating to children.

Our legal basis for processing your personal information

When we use your personal information we are required to have a legal basis for doing so. There are various different legal bases on which we may rely, depending on what personal information we process and why.

The legal bases we may rely on include:

• consent: where you have given us clear consent for us to process your personal information for a specific purpose. Where we rely on consent as a lawful basis to process your personal information, you have the right to withdraw your consent at any time. To do this, please email us (see: “How to contact us”);

• contract: where our use of your personal information is necessary for a contract we have with you, or because you have asked us to take specific steps before entering into a contract;

• legal obligation: where our use of your personal information is necessary for us to comply with the law (not including contractual obligations)

• vital interests: where our use of your personal information is necessary to protect you or someone else’s life; and

• legitimate interests: where our use of your personal information is necessary for our legitimate interests or the legitimate interests of a third party (unless there is a good reason to protect your personal information which overrides our legitimate interests).

Further information — the personal information we collect, when we collect it and how it is used

For further details on when we collect personal information, what we collect and how it is used, please read the following sections:

When information is collected Information that may be collected How and why your information is used

When you contact us Contact details: your preferred name and email address.

Discord user details (only if posting on our Discord server): your Discord username, ID and profile picture.

Feedback: the information you provide to help us improve our games.

Bug reports: the information you provide to help us fix a bug in one of our games.

Other information that you volunteer to us. We use your personal information to communicate with you and assist with your enquiry or request.

We rely on legitimate interests as the lawful basis for collecting and using your personal information.

It is in your and our legitimate interests for us to use your personal information so that we can correspond with you about your enquiry or request and improve our products and services.

We will keep this information no longer than two years from the date of your last communication to us.

Website Privacy Policy

Please note that we may process your personal information without your knowledge or consent where this is required or permitted by applicable law.

Whether personal information has to be provided by you, and if so why

We require you to provide your personal information to reply to your communication. If you do not provide your personal information when asked, we may not be able to assist you.

Who we share your personal information with

We routinely share personal information with third parties we use to help deliver our products and services or run our business such as;

• Our email service provider;

• Our Discord bot server provider;

• Our Discord bot data storage provider; and

• Third party bot providers we use to help us moderate and reply to posts submitted on our Discord Server.

You can see details of our Discord bot server provider, our Discord bot data storage provider and the third party bot providers currently used on our Discord Server under the ‘rules’ on our Discord Server.

We or the third parties mentioned above may occasionally also need to share personal information with:

• Professional advisers (such as lawyers and other advisors), in which case the recipient of the information will be bound by confidentiality obligations;

• Law enforcement agencies, courts, tribunals and regulatory bodies to comply with out legal and regulatory obligations; and

• Other parties in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency – usually information will be anonymised but this may not always be possible however the recipient will be bound by confidenitiality obligations.

Please contact us (see “How to contact us”) if you want further information about who we share our data with and why.

Transfer of your personal information out of the United Kingdom

We may transfer your personal information outside the UK. Transfers of personal information out of the UK are subject to special rules under UK data protection law.

Some countries have been assessed as providing an adequate level of protection for personal information. Other countries are not considered to have sufficient data protection laws. We will, however, ensure any transfer of personal information outside the UK complies with UK data protection law. We will do this by ensuring one of the following (or one of the other grounds set out in UK data protection law) applies:

• your personal information is transferred to countries that have been deemed to provide an adequate level of protection for personal information;

• there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for you, or

• a specific exception applies under relevant data protection law.

• there are adequate safeguards in place between us and the organisation receiving it (e.g. by the use of approved contractual terms); or

• you have provided explicit consent to the proposed transfer after being informed of any potential risks.

Please contact us (see “How to contact us”) if you want further information on the specific mechanism used by us when transferring your personal information outside of the UK.

Your data protection rights

UK data protection law gives you certain rights, which you can exercise free of charge. Your rights will differ depending on our lawful basis for processing your personal information. In summary, those include rights to:

• fair processing of information and transparency over how we use your personal information;

• access to your personal information and to certain other supplementary information;

• require us to correct any mistakes in your personal information;

• require us to delete your personal information in certain situations;

• ask us to transfer any personal information you provided to us to another organisation in certain situations;

• object at any time to the processing of your personal information for direct marketing purposes;

• object to decisions being taken by automated means which effect you legally or have similarly significant affects;

• object in certain situations to our continued processing of your personal information; and

• otherwise restrict our processing of your personal information in certain circumstances.

For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the UK General Data Protection Regulation here.

If you would like to exercise any of your data protection rights, please:

• email us (see: “How to contact us”);

• let us have enough information to identify you (e.g. name, username);

• let us have proof of your identity and address, if required; and

• let us know the personal information to which your request relates.

How to complain

We hope that we can resolve any query or concern you raise about our use of your personal information. If you want to complain about how we have used your personal information, please email us (see: “How to contact us”). However, if we are not able to resolve your complaint to your satisfaction, you can complain to the Information Commissioner’s Office (ICO) or a competent supervisory authority of an EU member state where you work, normally live or where any alleged infringement of data protection laws occurred. The ICO may be contacted at https://ico.org.uk/make-a-complaint/ or by telephoning 0303 123 1113.

Changes to this policy

This policy was published on 10th June 2021 and last updated on 20th July 2021.

We may change this policy from time to time. When we do we will post the changes on our website. Your contacting us, whether through Discord, Twitter, by post, by email or otherwise shall be deemed acceptance of our latest version of this policy.

How to contact us

Please contact us, by sending an email to [email protected] if you have any questions about this privacy policy or the information we hold about you.

Do you need extra help?

If you would like this policy in another format (for example large print) please contact us (see “How to contact us”).

20th July 2021

Version 2

When information is collected