Privacy Policy

Updated September 27, 2024

1. Introduction

1.1. Who We Are

Welcome to Cloudhead Games! Cloudhead Games Ltd. (collectively with its affiliates and subsidiaries, “Cloudhead”, “We”, “Our” or “Us”) is a VR game developer headquartered in Qualicum Beach, British Columbia. Cloudhead Games include, without limitation, The Gallery: Call of the Starseed, The Gallery: Heart of the Emberstone, Heart of the Emberstone: Coliseum, Pistol Whip, Pistol Mix and all other Cloudhead Games and VR experiences, related software, the accompanying manuals and other written files, electronic or online materials or documentation, including any updates of the same (the “Games”). For the purposes of this Privacy Policy, all references to the “Games” also include any current or new game developed by Cloudhead.

1.2. Our Goal

At Cloudhead, our goal is to create innovative and immersive VR experiences that are safe, inclusive and fun for our players and we ask that our player community strive to enjoy them in that way. We are dedicated to protecting the privacy rights of all users (“User”, “You” or “Your”) who access or use our Games, our website found here (the “Site”) and the services provided by Cloudhead thereon (the “Services”).

2. Acceptance Of This Privacy Policy

By accessing or using the Site, Games and Services or otherwise submitting personal information to us, you are expressing your acceptance of Cloudhead’s collection, use, disclosure and retention of your personal information, in the manner provided in this Privacy Policy and as otherwise permitted by applicable provincial and federal privacy laws.

IF YOU DO NOT ACCEPT THE TERMS OF THIS PRIVACY POLICY, YOU MUST NOT ACCESS OR USE OUR SITE, GAMES AND SERVICES.

3. Collection And Use Of Your Information

Cloudhead collects personal information from you when you interact with us or use the Site, Games and Services. Cloudhead also collects some personal information from you automatically, which is addressed in more detail below. We will obtain your consent, which may include implied consent where personal information has been provided to us for a reasonable purpose, unless the law permits the collection, use or disclosure without consent. In some cases, Cloudhead may seek your consent for the use and disclosure of your personal information after it has been collected, but before it has been used or disclosed (e.g., where we want to use your personal information for a purpose not previously identified to you). We will not use or disclose your personal information for any new purpose without first identifying the new purpose and providing notice to you or obtaining your consent (as applicable), unless otherwise permitted by law. You can always choose not to provide Cloudhead with certain requested personal information, but then you may not be able to access or utilize all or part of the Site, Games and Services.

3.1. Collection and Use of Information You Provide to Us

We collect personal information for various purposes, including the following:

3.1.1. Gaming ID

When you register an account on another platform to play one of our Games, the platform may provide us with Federated User Identity information such as user ID and username (e.g., Discord, PlayStation VR, Meta, Steam, Pico, Humble, Mod.io) or a Gamertag (with Xbox). We do not personalize this information or connect it to any individual. See section 3.4 below for more information about this.

3.2. Collection and Use of Information Automatically Collected When You Use the Site, Games and Services

We automatically collect the following types of information when you use the Site, Games and Services:

3.2.1. Google Analytics Usage

Our Site, Games and Services utilizes Google Analytics, a web analysis service provided by Google Inc. This service uses “cookies” to help analyze how users interact with our Site, Games and Services. The data collected is aggregated and anonymized and includes the following:

Operating System: The type and version of the operating system of your device.
Device Category: The category of your device, such as desktop, mobile or tablet.
Browser: The type of browser you use to access our Site, Games and Services.
Geolocation: The country you are visiting our Site, Games and Services from, derived from your IP address. Note that the IP address itself is not included in the data that we collect.
Site Interaction: Details about how you interact with our Site, including the source of your visit (e.g., Twitter), whether you are a new visitor, the duration of your visit, the pages you enter and exit from, your navigation paths between pages and your activity on a page (e.g., buttons clicked, videos watched).
Search Engine Appearance: Information about how our Site appears in search engines.

3.2.1.1. We use this data to analyze trends and patterns, improve our Site, Games and Services and enhance our offerings.

3.2.1.2. You can opt out of Google Analytics data collection by following the instructions here. Google Analytics operates independent from us and may collect, use and store your information, in accordance with their own privacy policy. For more information about how Google Analytics handles user data, please see Google Privacy and Terms. Please note that Google Analytics does not collect personal information as per its terms of service.

3.3. Collection and Use of Information Collected Through Third Parties

We use third party providers to deliver certain services. These third party providers operate independently and are not under our control. They may collect, use and store your information in accordance with their own privacy policies. We strongly recommend that you review these policies as they govern the handling of your information. Use of these third party services is at your own risk.
We collect the following types of information through third party service providers, including, without limitation:

3.3.1. Mailchimp

We use Mailchimp as our email marketing platform.

3.3.1.1. When you subscribe to our newsletter or opt-in to receive marketing materials from us, we collect the email address and name you provide to us and transfer such information to Mailchimp for processing in accordance with Mailchimp’s Global Privacy Statement.

3.3.1.2. Mailchimp uses technologies like cookies and pixels to keep track of your interactions with the emails they send on our behalf, which helps us understand how you engage with our content. This data is used to improve the relevance of the emails you receive and to improve our overall marketing strategies.

3.3.1.3. You can unsubscribe from our emails at any time by clicking on the unsubscribe link provided at the end of each email. Please note that this does not opt you out of receiving service-related communications from us.

3.3.2. Zendesk

We use Zendesk, a customer service platform, to provide support to our users through our Help Desk

3.3.2.1. When you opt-in to use this service, Zendesk may collect the following information in accordance with Zendesk Privacy Notice:

Headset Make: The brand and model of your headset.
Version Number: The version number of the software or hardware you are using.
DxDiag: A diagnostic tool used to test the functionality of DirectX. The DxDiag.txt file generated may include your computer’s machine name and ID.
Player Logs: Logs related to your activity within our Services.

3.3.2.2. This information is used to provide you with better support and improve our Services.

3.3.2.3. If you wish to have your email address removed from our Help Desk, we can permanently delete the associated ticket upon request. Please note that this action is irreversible.

3.3.3. Jira

We use Jira, a third party service, to manage and troubleshoot issues on our Site, Games or Services.

3.3.3.1. Information is only shared with Jira when an issue has been escalated for troubleshooting purposes. This information is limited to the details necessary to resolve the issue at hand.

3.3.3.2. If you request that your data be deleted from our systems, we will also manually delete any corresponding tickets in Jira that contain their information. Please note that this process is manual, and we will make every effort to ensure that all relevant data is removed in a timely manner.

3.3.3.3. We may use this information to respond to comments, questions and customer service requests regarding the Site and to administer and resolve technical issues on the Site, Games and Services.

3.4. Collection and Use of Aggregated Game Analytics Collected Through Third Parties

We use third party: hardware manufacturers, online editor services, distributors of our Games and platform hosts, including, but not limited to, HTC, Valve, Meta, Sony, Steam, Discord, PlayStation VR, Pico, Humble, Mod.io to provide you Services and support our business. These third party services collect aggregated, non-personally identifiable information and game analytics about your access and use of our Games and Services. We receive this anonymous and de-identified data from the above-mentioned third parties in the form of dashboards. The data collection practices of these third party service providers are governed by their own privacy policies. We encourage you to review these policies to understand how these companies collect, use and protect your information.

3.4.1. Collection of Aggregated Information

When you connect to the internet while using the Site, Games or Services, we may automatically collect certain usage data from your computer or gaming unit. This includes, but is not limited to, user IDs, game scores, game achievements, game performance, locations visited, hardware MAC address, internet protocol address, web browser type, operating system of your device, the sections of the Games you visit, the date and time of your use, your in-media time, content that you download from the Games or Services, crashes and other system activity (“Usage Data”). All Usage Data collected by us is intended to be anonymous and does not disclose your identity or constitute personal information. However, if you include personal information (such as your real name) in your user ID used with our platform hosts, then such personal information may automatically be transmitted to us and used as described herein.

3.4.2. Use of Aggregated Information

3.4.2.1. We use this anonymous, aggregated or de-identified data for our lawful business purposes. This includes conducting data analysis, testing, research, monitoring and analyzing usage of our Site, Games and Services and creating reports for internal use. We use this aggregated information to understand our customer base, analyze trends, improve our Site, Games and Services and determine how Games are performing, if there are problems and what content users like and play. This information does not identify you personally and is not linked to any personal information that you may provide.

3.4.2.2. The Usage Data collected by us may be posted on publicly accessible websites, shared with hardware manufacturers, distributors of our Games, platform hosts, our marketing partner(s), or used by us for any other lawful purpose. By accessing and using the Site, Games and Services, you consent to these Usage Data collection and use terms, including (where applicable) the transfer of Usage Data within Canada and the United States. You consent to the terms of this Privacy Policy and agree that your Usage Data will be owned by us without providing additional compensation to you or any other person and without any liability whatsoever.

4. Disclosure Of Your Information

4.1. Disclosure to Third Parties

When we disclose your information to the third party service providers that we use to facilitate our Site and provide you with our Games and Services, we require the third party providers to protect your information in accordance with the law and with no less than the same or more stringent security and privacy standards than we apply. Any such disclosure of your information by us to a third party service provider will be conditional upon the information being used solely for the purpose for which it has been disclosed. Except as described in this Privacy Policy or in other situations where we have provided you with prior notice, obtained your consent or are obligated or permitted by law, we will not share your information with third parties.

4.2. Disclosure Required or Authorized by Law

We may use or disclose your personal information where authorized or required by law. For example, we may disclose your personal information to comply with a subpoena, in response to a law enforcement body with the lawful authority to obtain the information, pursuant to an investigation into the breach of a law or to our legal counsel.

5. Withdrawing Your Consent

You may withdraw your consent to our use of your information at any time by giving Cloudhead reasonable notice in writing at the contact information noted below. We may not implement your request in all cases in accordance with the law, such as where doing so would frustrate performance of a legal obligation. In the event you withdraw your consent, certain information of yours may be retained by Cloudhead for legal and business purposes, in accordance with law. Withdrawal of your consent may result in you not being able to access or utilize all or part of the Site, Games and Services.

6. Information Retention

6.1. Purposes of Retention

We keep information to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, accounting or reporting requirements, to establish or defend legal claims or for fraud prevention purposes.

6.2. Retention Period

To determine the appropriate retention period for information, we may consider factors such as the amount, nature and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of your information, the purposes for which we process your information and whether we can achieve those purposes through other means and the applicable legal requirements. Your consent to such purposes remains valid after termination of our relationship with you.

6.3. Information No Longer Required

When we no longer require the information that we have collected about you, we may delete it, anonymize it or isolate it from further processing. However, we may also retain some information in backup archived copies for a reasonable period.

7. Access To And Correction Of Your Information

7.1. Request for Access to and Correction of Your Information

You may request access to your personal information and/or correction of such information by contacting Cloudhead in writing at the contact information noted below, with sufficient detail to enable us to identify the information being sought and/or corrected. When you contact us, we may ask for further information to confirm your identity and the nature of the information being sought.

7.2. Limits on Rights Regarding Your Information

Please note that we may deny your access to or correction of your information where such denial of access is authorized by law. There are also cases where we may be legally required to refuse access to information. If we deny your request for access to or correction of your information, we will advise you of the reason for the refusal and will provide the name, title and contact information of the designated person who can address the refusal. In some cases, we may annotate the information if the original should be preserved, or we may not have the ability to revise information (e.g., Federated ID or gamertags) and changes may have to be made through your platform. Examples of when Cloudhead reserves the right to deny access to your information include:

when information is protected by solicitor-client privilege;
when information is part of a formal dispute resolution process or disclosure is prohibited by law;
when granting you access is reasonably likely to negatively impact another individual’s privacy or reveal confidential commercial information;
when information is prohibitively expensive to provide;
when such requests are frivolous or made in bad faith.

8. Privacy Regarding Children

8.1. Our Recognition of Children’s Privacy

Cloudhead recognizes the privacy interests of children, and we encourage parents and guardians to take an active role in their children’s use of the Site, Games and Services. We do not intentionally collect any personal information about minor individuals. Gameplay on other platforms is regulated by those platforms.

8.2. Your Adherence to Laws Regarding Children’s Privacy

You hereby affirm that you will adhere to all relevant laws and regulations pertaining to children’s use of the Site, Games and Services. This includes compliance with the privacy policies of third party platforms where the Games and Services are distributed.

9. Storage And Transfer Of Your Information

9.1. Storage of Your Information

We store your personal information on servers located in Canada and may from time-to-time store personal information on other servers and equipment in Canada and the United States. You consent to us storing your personal information on servers and equipment in Canada and the United States.

9.2. Transfer of Your Information

The third party service providers identified in this Privacy Policy are located across multiple jurisdictions, and your information may be stored, accessed or used in Canada, the United States or other countries where the Games are made available and may be subject to the laws and access by government or regulatory organizations in those jurisdictions. If you have any questions about our policies and practices with respect to such service providers, including the collection, use, disclosure and storage of information, you can contact our Privacy Officer at the contact information listed at the end of this Privacy Policy.

10. Governing Law & Dispute Resolution

10.1. Governing Law

10.1.1. Those who choose to use or access the Site, Games and Services from outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

10.1.2. Notwithstanding the foregoing, and recognizing the global nature of the internet, each user shall comply with all local rules regarding online conduct and submission of acceptable materials.

10.1.3. This Privacy Policy shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict of laws principles.

10.2. Dispute Resolution

Any dispute arising out of or relating to this Privacy Policy shall be resolved by arbitration in accordance with the rules of the Vancouver International Commercial Arbitration Centre then in effect, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

11. Changes To This Privacy Policy

11.1. Our Right to Revise This Privacy Policy

Cloudhead reserves the right, acting in its sole discretion and at any time, to revise this Privacy Policy to reflect changes to our practices pertaining to users’ personal information. Our collection, use, disclosure and retention of your personal information will be governed by the version of the Privacy Policy in effect at that time. If we make any material changes, we will notify you by means of a notice on the Site prior to the change becoming effective.

11.2. Effectiveness and Acceptance of the Current Version

The current version of the Privacy Policy will be posted here and all changes are effective immediately upon posting. Your continued use of the Site, Games and Services after any such changes come into effect shall constitute acceptance by you of the Privacy Policy, as updated. You are responsible for checking the Privacy Policy periodically for changes.

12. Complaints, Questions and Concerns

If you would like to report a complaint regarding the collection or use of your information, or if you have any questions or concerns regarding this Privacy Policy, including the collection of your information, you can reach out to our Privacy Officer, who is responsible for ensuring our compliance with this Privacy Policy:

Private and Confidential

Attention: Privacy Officer

CLOUDHEAD GAMES LTD.

1600 – 925 WEST GEORGIA STREET
VANCOUVER, BRITISH COLUMBIA, V6C 3L2
Email: privacy@cloudheadgames.com