Privacy Policy

 Sava Studios Inc., a Wisconsin corporation (“we,” “us,” “our,” and their derivatives) provides Penguin Paradise, including any playtest program (collectively, the “Game”), websites, including www.savastudios.xyz, and their respective subdomains (collectively, the “Websites”), and other online services (with the Game and the Websites, the “Services”).

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1. What does this Privacy Notice cover?  

This Privacy Notice (this “Notice”) sets forth how we collect, use, protect, store, disclose, and otherwise process your Personal Information (defined below). This Notice does NOT apply to information you provide to any third party or is collected by any third party (except as otherwise provided below). 

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By using our Services, you are confirming that you understand English well enough to understand this Notice. Should you have questions about this Notice, please contact us at support@savastudios.xyz so we can clarify and address your questions.

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2. How do we process Children’s Personal Information?  

In accordance with the policies of Meta® for VR games, the Game is not primarily directed to Children, and we do not intentionally or knowingly collect, use, store, disclose, or otherwise process any personal information about Children. If you become aware that a Child has provided us with Personal Information, please contact us at support@savastudios.xyz so we may remove their Personal Information. User age is collected by the third-party gaming platforms Meta® in accordance with their policies. We do not collect information about the age of our users, however, if we are notified that you are a Child, your account will be banned. A “Child” is a person under the age needed to consent to the processing of Personal Information in their country of residence (e.g. 13 years of age in the United States).  Beginning in late 2023, Meta will allow parents to set up parent-managed Meta accounts for Meta Quest 2 and 3 for children ages 10-12.  We comply with Meta’s requirements for parent-managed accounts.  

3. What categories of Personal Information do we collect?

We may collect different types of information from you depending on how you use our Services, including Personal Information. “Personal Information” means information that relates to an identified or identifiable natural person. The categories of Personal Information we may collect are listed below. Certain types of Personal Information may fall under more than one category. 

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We do not knowingly or intentionally process any sensitive Personal Information.

We may also collect information that does not generally identify you but may become associated with your account. We may use information that does not identify you for any permissible business or operational purpose under applicable law.

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Game

When you play the Game, we may process your: 

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• Identifiers: usernames (Game username), email address, unique or online ID (such as a third party ID from Oculus or PlayFab), Internet Protocol address, and hardware ID and hardware information; 
• Commercial information: purchase history of in-game items or DLCs; 
• Internet or other similar network activity: gameplay information and user preferences; 
• Audio, electronic, visual, thermal, olfactory, or similar information: movement data (tracking your hands and head) and voice data; and 
• Other: information from the content that you send to us directly by sending us an email at support@savastudios.xyz.

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Websites

When you visit the Websites, we may process your: 

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• Identifiers: first and last name, Oculus ID, and email address;  
• Internet or other similar network activity: interaction with the Websites; 
• Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): first and last name; and 
• Other: information from the content that you send to us directly by completing the “Contact Us” form on the Websites or by sending us an email at support@savastudios.xyz.

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Game Discord Channel

When you visit the Game Discord Channel, we may process your: 

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• Identifiers: Discord username, Discord user ID, and email address; and 
• Other: information from the content that you share publicly on Discord.

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4. From what sources do we collect Personal Information?

Directly From You

We may collect your Personal Information when you provide it to us directly, including the examples below.

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• When you create an account for the Game, we may collect your username and Internet Protocol address. 
• When you play the Game, we may collect your movement data (tracking your hands and head) and voice data. 
• When you contact us through the “Contact Us” form on our Websites, we may collect your first and last name, email address, and records and copies of your correspondence. 
• When you submit a support ticket, we may collect your email address, and records and copies of your correspondence. 
• When you respond to a survey or questionnaire, we may collect the information provided.

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Automatically From You

We may collect your Personal Information automatically as you use our Services. For example, we may collect your Personal Information as you interact with our Websites or as you play the Game. For more information about our and third parties’ use of cookies and other automatic data collection technologies and certain choices we offer you with respect to them, please see Section 5 below.

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From Third Parties

We may receive your Personal Information from or through third parties that help us provide or facilitate your access to the Services. For example, we may receive your Personal Information from the below third parties. 

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• Game publisher such as Meta® : When you purchase in-Game items or DLCs, we may receive your purchase history. 

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• Backend providers such as Microsoft Azure PlayFab® or Unity®: When you play the Game, we may receive your PlayFab ID (and associated Oculus ID). ‍
• Social media platforms such as Discord®: When you join the Game Discord channel, we may receive your Discord username, user ID, and the information that you share publicly on our Discord channel. When you appeal against being banned from the Game Discord channel, we may receive your email address.

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We abide by this Notice when we use Personal Information provided to us by third parties. However, we may not control the Personal Information that third parties collect or how they use that Personal Information. You should review the third parties’ privacy policies for more information about how they collect, use, and share the Personal Information they obtain and use. 

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5. How do we and third parties use cookies and other automatic data collection technologies? 

Cookies are small pieces of text sent to your browser by a website you visit. They help that website remember information about your visit, which can both make it easier to visit the site again and make the site more useful to you. 

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Our Cookies and Other Automatic Data Collection Technologies 

We may use cookies and other automatic data collection technologies on the Services to collect Personal Information, for example, regarding your interaction with the Websites. By way of another example, when you play the Game, we may automatically collect your Internet Protocol address, gameplay information, and user preferences.

Third Party Cookies and Other Automatic Data Collection Technologies 

Cookies and other automatic data collection technologies on the Services may come from third parties. These cookies and other automatic data collection technologies improve your experience by helping us better tailor our Services to you. 

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• Google Analytics and YouTube: Google Analytics is a web analysis service and YouTube is a video sharing and social media platform of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. The Personal Information collected by Google in connection with your use of our Websites is transmitted to a server of Google in the United States, where it is stored and analyzed. Google’s collection and use of Personal Information is subject to Google's privacy policy:www.google.com/policies/privacy/partners/

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Choices about Cookies

You may set your browser to refuse all or some browser cookies or to alert you when cookies are being sent (for Google: https://tools.google.com/dlpage/gaoptout). Please note that, if you disable or refuse cookies or other automatic data collection technologies, some aspects of the Services may be inaccessible or not function properly.

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6. For what purposes do we collect your Personal Information?

We may collect your Personal Information for the below purposes. 

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• To provide or improve the Services: We may use your Personal Information to process your requests to access the Services and certain of their features and to generally present and improve the Services. For example, we may use your Personal Information to create your account for the Game, to grant you access to the Game, to fulfill in-Game purchases, and to improve the Game or Websites. 

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• To administer the Services: We may use your Personal Information for any lawful business or operational purpose in connection with administering the Services. For example, we may use your Personal Information to respond to support tickets or business or media inquiries sent by you.

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• To market the Services: We may use your Personal Information to market the Services to you. For example, with your prior consent, we may share news and updates about the Services through the Game Discord channel.

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• In furtherance of legal, health, and safety objectives: We may access, use, and share with others your Personal Information for purposes of health, safety, and other matters in the public interest. We may also provide access to your Personal Information to cooperate with official investigations or legal proceedings (e.g., in response to subpoenas, search warrants, court orders, or other legal processes). We may also provide access to your Personal Information to protect our rights and property and those of our agents, users, and others, including to enforce our agreements, policies, and our Terms of Service. For example, we may use your Personal Information to respond to inappropriate or reported conduct in-Game, to enforce user bans for the Game and the Game Discord channel, and for moderation and enforcement of Discord channel policies.

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• In connection with a sale or other transfer of our business: In the event all or some of our assets are sold, assigned, or transferred to or acquired by another company due to a sale, merger, divestiture, restructuring, reorganization, dissolution, financing, bankruptcy, or otherwise, your Personal Information may be among the transferred assets.

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• As we may describe to you when collecting your Personal Information: There may be other situations when we collect your Personal Information and simultaneously describe the purpose for that collection. 

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Lawful Basis 

We only collect, use, or store your Personal Information for a lawful basis such as: 

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• you voluntarily provide it to us with your specific, informed, and unambiguous consent (for example, through the Game Discord channel); 
• it is necessary to provide you with a Service that you have requested (for example, providing you access to the Game);
• we have a legitimate business interest that is not outweighed by your privacy rights (for example, to ban users); or  
• it is necessary to protect your vital interests or the vital interests of others (for example, we may collect or share Personal Information where necessary to resolve an urgent medical situation or protect the health or safety of one of our users or someone else).

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7. In what situations do we disclose your Personal Information?

We may disclose your Personal Information to a third party, such as a service provider or contractor for a business or operational purpose, or with your consent. When we disclose Personal Information for a business or operational purpose, we enter into a contract with the service provider or contractor that describes the purpose and requires the service provider or contractor to both keep that Personal Information confidential and not use it for any purpose except performing the contract. These service providers and contractors include our:

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• backend platform service providers such as for error and crash reporting;
• email service providers; 
• game analytics providers; and 
• customer support representatives and providers.

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We may also disclose your Personal Information:

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• to our subsidiaries and affiliates;
• to our lawyers, consultants, accountants, business advisors, and similar third parties who owe us duties of confidentiality;
• to a buyer or other successor in the event of a sale, merger, divestiture, restructuring, reorganization, dissolution, or other transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us pertaining to the users of the Services is among the assets transferred;
• to comply with any court order, law, or legal process, such as responding to a government or regulatory request;
• to enforce any contract we may have in effect with you; 
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our users, or others; and 
• if you have consented to such a disclosure. 

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We do not sell, rent, or share your Personal Information for cross contextual behavioral or targeted advertising, automated decision-making, or profiling purposes.

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8. How is my Personal Information protected?

In short, we aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

Your Practices and Activities

Your practices and activities are likewise very important for the protection of your Personal Information. You can take certain steps to help protect your Personal Information, such as being mindful of what you share publicly in the Game or on the Game Discord channel, including the below. 

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• Do not use your real name when selecting a username.

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• Do not share your real name or anything private about yourself or anyone else with other users of the Game or Game Discord channel.

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• Do not pick a password that is easy to guess, and do not share your password.  

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Please remember that we have no control over what third parties do with the content of your communications and no responsibility or obligation regarding third parties.

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9. How do we treat Personal Information transferred to the United States?

Place of Business

We may store or process your Personal Information outside of the country where we collect the information or the country in which you reside. Our primary place of business is in the United States. You should understand that we may transfer some or all of your Personal Information to the United States to carry out certain operational and processing needs as described in this Notice.

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Transfer Mechanisms

When transferring Personal Information out of foreign territories, we implement technical, organizational, and physical safeguards to protect your Personal Information. We use European Commission approved standard contractual clauses and implement related measures where required by applicable law. Please contact us if you have questions related to the relevant transfer mechanism for your Personal Information.

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10. What rights do you have to your Personal Information?

Right to Access, Correct, Delete, or Restrict Processing

Subject to any limitations and exceptions under applicable law, you have the right to request access to your Personal Information and exercise the below rights.  

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• You have the right to correct or update certain types of Personal Information. In many cases, you can review or update your account information by accessing your account online. 

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• You have the right to request deletion of your Personal Information. If you choose to have your Personal Information removed from the Services, we will carry out your request within 30 days of account verification, subject to extension, and we will only retain minimal Personal Information to document your request and the actions we took to carry out your request. 

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• You have the right to restrict certain processing of your Personal Information and the right to object to some types of processing of your Personal Information.  

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• You have the right to withdraw your consent at any time. 

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• You have the right to lodge a complaint regarding our collection, storage, or processing of your Personal Information with a data protection supervisory authority in the country where you live or work.

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We will comply with your requests in accordance with, and subject to, applicable law. For example, we are not required to delete your Personal Information if we have an overriding legitimate ground for retaining that information, such as to prevent fraud. Please note that we are legally prohibited from carrying out requested actions in some instances, including (1) when we are unable to confirm your identity or (2) where doing so would adversely affect the rights or freedoms of other individuals.  Further, we are not required to carry out a requested action in some instances, including where the request is considered excessive.

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We are Here to Help

Please email us at support@savastudios.xyz with the subject line “Privacy Request” if you would like to exercise any of the rights described above or if you have questions regarding your rights. 

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11. Additional Notice for California, Colorado, Connecticut, Utah, and Virginia Residents 

California Online Privacy Protection Act

The following applies to California residents: 

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• We do not track users of our Services over time and across third party websites or online services and therefore do not respond to Do Not Track signals. We are not aware of any third party that tracks users of our Services over time and across third party websites or online services. 

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California Shine the Light Law

The following applies to California residents:

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• California residents may request information from us concerning any disclosures of Personal Information we may have made in the prior calendar year to third parties for direct marketing purposes. If you are a California resident and you wish to request information about our compliance with this law or our privacy practices, please contact us by emailing us at support@savastudios.xyz

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State Privacy Laws 

The following applies to California, Colorado, Connecticut, Utah, and Virginia residents: 

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• Right to Know and Access: You have the right to request that we disclose certain information to you about our collection and use of your Personal Information. Once we receive and confirm your verifiable consumer request, we will disclose to you the following, to the extent retained by us:
• the categories of Personal Information we collected about you; 
• the categories of sources for the Personal Information we collected about you; 
• our business or commercial purpose for collecting, selling, or sharing that Personal Information; 
• the categories of third parties with whom we disclose that Personal Information;
• the specific pieces of Personal Information we collected about you (also known as a data portability request); and 
• if we sold or shared your Personal Information, two separate lists disclosing (1) sales, identifying the Personal Information categories that each category of recipient purchased, and (2) disclosures for a business or operational purpose, identifying the Personal Information categories that each category of recipient obtained.

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• Right to Deletion: You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers and contractors to delete) your Personal Information from our records, unless an exception under applicable law applies. We may deny your deletion request if retaining the information is necessary for us or our service providers or contractors to: 
• complete the transaction for which we collected the Personal Information, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide the Services that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you; 
• help to ensure the security and integrity of the Services to the extent the use of your Personal Information is reasonably necessary and proportionate to those purposes; 
• debug the Services to identify and repair errors that impair existing intended functionality; 
• exercise free speech, ensure the right of another user to exercise their free speech rights, or exercise another right provided for by law; 
• comply with the California Electronic Communications Privacy Act; 
• engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided consent; 
• enable solely internal uses that are reasonably aligned with user expectations based on your relationship with us and compatible with the context in which you provided the Personal Information; or 
• comply with a legal obligation.

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• Right to Correction: You have the right to request that we correct inaccurate Personal Information. Once we receive and confirm your verifiable consumer request, we will use commercially reasonable efforts to correct the inaccurate Personal Information, taking into account to the nature of the Personal Information and the purposes of the processing of the Personal Information.

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No Discrimination 

We will not discriminate against you for exercising any of your privacy rights under applicable law. Unless permitted by applicable law, we will not:

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• deny you the Services; 
• charge you different prices or rates for the Services, including through granting discounts or other benefits, or imposing penalties; 
• provide you a different level or quality of the Services; or 
• suggest that you may receive a different price or rate for the Services or a different level or quality of the Services.

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Verifiable Consumer Requests 

To exercise your rights described above, please email us at support@savastudios.xyz with the subject line “State Privacy Rights.” Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. The verifiable consumer request must:

• provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and 
• describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm that the Personal Information relates to you. We will only use Personal Information provided in a verifiable consumer request to verify your identity or authority to make the request.

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Response Timing and Format 

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

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Any disclosures we provide will only cover the 12-month period preceding the receipt of verifiable consumer request, unless you request a longer period of time for Personal Information we collected about you after January 1, 2022. The response we provide will also explain the reasons we cannot comply with a request, if applicable. 

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To appeal a decision regarding your verifiable consumer request, please submit your appeal using one of the two methods above. Your appeal should include an explanation of the reason you disagree with our decision. Within 60 days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions.

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We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

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12. How will we notify you of changes to this Notice?

We reserve the right to change this Notice from time to time consistent with applicable law. If we make changes to this Notice, we will notify you by revising the date at the top of this Notice and providing you with additional notice (such as adding a statement in the Game or the homepages of our Websites).

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13. How can you contact us?

If you have questions, you may email us at support@savastudios.xyz

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If you are a law enforcement agency, please email us at support@savastudios.xyz with your request for Personal Information with the subject line “Law Enforcement Request.”