Privacy Policy - Thirdwave

This Privacy Policy describes how your personal information is collected, used, and shared through the Thirdwave website and API (collectively, "the Services"). Thirdwave offers an easy-to-use platform for game developers and builders in the web3 space to access customer data and insights to drive business growth. To use our platform, game developers – our clients – share information to us about their end users– i.e., their players – including those users' account information and transaction information. We process that information on our clients' behalf to facilitate our clients' use of our platform.

We may also collect personal information for our own business purposes, such as information that individuals submit to us directly through the Thirdave website and business contact details of potential clients who visit our website.

This Privacy Policy applies to:

The thirdwavelabs.com website and any other websites or online services controlled by us and which display this Privacy Policy, and
Game development services that we provide to our clients through our API.

We provide a supplementary notice for California residents and notice to European users below.

INFORMATION WE COLLECT

Information We Collect for Thirdwave's Own Business Purposes

We may collect information about individuals who interact with Thirdwave when using our Services, such as players who use our clients games, employees of our clients, job applicants, and other individuals.

Information collected when you visit our website includes:

Contact details, such as your first and last name, email and mailing addresses, and phone number.
Communications that we exchange with you, including when you contact us with questions, feedback, or otherwise.
Marketing data, such as your preferences for receiving our marketing communications, and details about your engagement with them.
Device data, such as the manufacturer and model, operating system, IP address, location data, and unique identifiers associated with the device you use to access the platform.

Cookies and similar technologies.

Our website may use the following technologies:

Cookies, which are text files that websites store on a visitor's device to uniquely identify the visitor's browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising.
Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.

Information We Collect From or On Behalf of Our Clients

We may collect information about end users – players who play our clients' games – from our clients or, at clients' requests, from their service providers. Our clients determine the scope of the information transferred to us, and the information we receive may vary by client. Typically, we may collect end users' account and login information, in-game purchase history, user inventory and gaming settings, and other data produced by game developers using our API.

Thirdwave processes and stores end users' payment information using a payment widget integrated with Circle and Coinbase Commerce, our third party payment processors. Thirdwave does not have access to this payment information, and this information is subject to these payment processors' privacy policies.

OUR USE OF PERSONAL INFORMATION

Our Use of Personal Information for Thirdwaves's Own Business Purposes

We use personal information for the following purposes or as otherwise described at the time of collection:

Services delivery, including to:

Operate the Services and our business;
Maintain and improve the Services and the Services' features;
Create and maintain your account;
Facilitate user connections on our Services;
Recommend content that might be of interest to you;
Process your transactions;
Communicate with you about the Services, including by sending announcements, updates, security alerts, and support and administrative messages; and
Provide support for the Services, and respond to your requests, questions, and feedback.

Research and development. We may create and use de-identified information for our business purposes, including to analyze the effectiveness of our Services, to improve and add features to our Services, and to analyze the general behavior and characteristics of users of our Services. We may use this anonymous, aggregated, or de-identified data and share it with third parties for our lawful business purposes.

Compliance and protection. We may use personal information to:

Protect our, your, or others' rights, privacy, safety, or property (including by making and defending legal claims);
Audit our internal processes for compliance with legal and contractual requirements and internal policies
Prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft; and
Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

Marketing and advertising: We may send you marketing communications via email as permitted by law. You will have the ability to opt-out of our marketing and promotional communications as described in the "Opt out of marketing communications" section below.

Our Use of Personal Information on Behalf of our Clients

We use personal information we collect from or on behalf of our clients to provide services to our clients at their direction. We do not use this information for Thirdwave's own purposes. We use personal information only as directed or authorized by our client. Typically, we are directed or authorized to use personal information collected on behalf of the client to:

Provide, operate, maintain, secure and improve the API, including by creating new features;
Create, maintain, and authenticate your account;
Deliver advertising and marketing content to players on behalf of our clients;
Process transactions through our third party payment processors; and
Provide support for the API, and respond to your requests, questions and feedback.

PERSONAL INFORMATION SHARING

We may share personal information for the purposes set out in this Privacy Policy with:

Game developers. We may share your personal information with the game developer from whom or on whose behalf we collected the information.
Service providers. Companies and individuals that provide services on our behalf or help us operate the Services or our business (such as hosting, analytics, customer support, email delivery, payment services, and identity verification services).
Professional advisors. Professional advisors, such as lawyers, auditors, bankers, and insurers, where necessary in the course of the professional services that they render to us.
Authorities and others. Law enforcement, government authorities, and private parties as we believe necessary to: (a) protect our, your, or others' rights, privacy, safety, or property (including by making and defending legal claims);(b) enforce the terms and conditions that govern the Services; and (c)protect, investigate, and deter against fraudulent, harmful, unauthorized, unethical, or illegal activity.
Business transferees. Acquirers and other relevant participants in business transactions (or negotiations for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale, or other disposition of all or any portion of the business or assets of, or equity interests in, Nifty's or our affiliates (including, in connection with a bankruptcy or similar proceedings).
Third-party platforms and social media networks. If you have enabled features or functionality that connect the Services to a third-party platform or social media network (such as by logging into Thirdwave using your account with a third-party), we may disclose the information that you authorized us to share. We do not control the third-party platforms' use of your personal information, which is governed by that third party's privacy policy and terms and conditions.

Players can also share their personal information through the API with:

Other players and the public, when players create a public profile, post content, and engage in public transactions in the API;
Other businesses, when players participate in offers, promotions and other features available via the API or marketed to players; and
Social media platforms, when players choose to share content on social media.

PRIVACY CHOICES

Access to information. To keep your information accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct information in our possession that you have previously submitted via the Service. Please also feel free to contact us if you have any questions about our Privacy Policy or the information practices of the Services at support@thirdwavelabs.com.
Disconnect social media companies. When you connect your social media accounts to Thirdwave, we notify those platforms. You may disconnect your social media accounts directly on the Services at any time.
Opt out of marketing communications. You may opt out of marketing-related communications by following the opt out or unsubscribe instructions contained in the marketing communication we send you.
Online tracking opt out. There are a number of ways to limit online tracking, which we have summarized below:
Blocking cookies in your browser. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
Using privacy plug-ins or browsers. You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery, or uBlock Origin, and configuring them to block third party cookies/trackers.

Note that because these opt out mechanisms are specific to the device or browser on which they are exercised, you will need to opt out on every browser and device that you use.

Do Not Track. Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. We currently do not respond to "Do Not Track" or similar signals. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.

HOW WE PROTECT INFORMATION

We maintain administrative, technical, and physical safeguards designed to protect the personal information we maintain against accidental, unlawful, or unauthorized access, disclosure, alteration, use, loss, or destruction. However, we cannot guarantee that the safeguards we maintain will ensure the security of the personal information.

LINKS TO OTHER WEBSITES AND THIRD-PARTY CONTENT

The Services may contain links to websites and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites or online services operated by third parties, and we are not responsible for their actions.

PROCESSING PERSONAL INFORMATION IN THE US

We are headquartered in the United States. To provide our services and operate our website, it is necessary for us to process personal information in the United States. If we transfer personal information across borders such that we are required to apply appropriate safeguards to personal information under applicable data protection laws, we will do so. Please contact us for further information about any such transfers or the specific safeguards applied.

CHILDREN

Our website and services are not intended for use by children under 13 years of age. If we learn that we have collected personal information through our website or services from a child under 13 without the consent of the child's parent or guardian as required by law, we will delete it.

CHANGES TO OUR PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the website.

HOW TO CONTACT US

You may contact us with questions, comments, or complaints about this Privacy Policy by email at support@thirdwavelabs.com or at the following mailing address:

505 Fairview Rd
Coatesville, PA 19320

NOTICE FOR CALIFORNIA RESIDENTS

The California Consumer Privacy Act of 2018 ("CCPA") requires us to provide this supplemental privacy notice to our consumers in California.

Please note that we do not sell personal information.

CCPA Notice Scope

This CCPA Notice and the rights it sets out apply to the personal information we collect, use or disclose about consumers who submit personal information to us directly through the Thirdwave website.

This CCPA Notice does not apply to the personal information we collect, use or disclose about:

Our game developer clients' end-users – i.e., their players – whose information we process on our clients' behalf to facilitate our clients' use of our platform.
Representatives of businesses who visit our website to seek to obtain our products or services.

For the California residents to whom this CCPA notice does apply, the CCPA grants the following rights:

Information. This Privacy Policy explains how we use and share your personal information through the Services, during the past 12 months. We describe the sources through which we collect personal information and the types of personal information collected in the "Information We Collect" section above. We describe the purposes for which we use and share this information in the "Our Use of Personal Information" above.
Access. You can request a copy of the personal information that we maintain about you.
Deletion. You can ask to delete the personal information that we maintain about you.

Please note that the CCPA limits these rights by, for example, prohibiting businesses from providing certain sensitive information in response to an access request and limiting the circumstances in which they must comply with a deletion request.

You are entitled to exercise the rights described above free from discrimination.

Here is how you can submit requests:

To request access to or deletion of personal information collected via the Services, please email us at support@thirdwavelabs.com.
To verify your identity prior to responding to your requests, we may ask you to confirm information that we have on file about you or your interactions with us. Where we ask for additional personal information to verify your identity, we will only use it to verify your identity or your authority to make the request on behalf of another consumer.
Authorized agents. California residents can empower an "authorized agent" to submit requests on their behalf.

Legal basis for processing. We use your personal information only as permitted by law. Our legal bases for processing the personal information described in this Privacy Policy are described in the table below.

Legal Basis

Service delivery

Processing is necessary to perform the contract governing our provision of services in connection with the Services, or to take steps that you request prior to signing up for the Services. If we have not entered into a contract with you, we process your personal information based on our legitimate interest in providing the services you access and request in connection with the Services.

Research and development

These activities constitute our legitimate interests. We do not use your personal information for these activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

Marketing and advertising

Compliance and protection

With your consent

Processing is based on your consent. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the Services.

Use for new purposes. We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Sensitive personal information. We ask that you not provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services, or otherwise to us. If you provide us with any sensitive personal information when you use our Services, you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information through our services.

Retention. We retain personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

Cross-border Data Transfer. If we transfer your personal information from Europe to another country such that we are required to apply appropriate safeguards to your personal information under European data protection laws, we will do so. Please contact us for further information about any such transfers or the specific safeguards applied.

Your rights. European data protection laws may give you certain rights regarding your personal information. If you are located in Europe, you may ask us to take the following actions in relation to your personal information that we hold:

Access. Provide you with information about our processing of your personal information and give you access to your personal information.
Correct. Update or correct inaccuracies in your personal information.
Delete. Delete your personal information.
Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
Restrict. Restrict the processing of your personal information.
Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.

You may submit these requests by email to support@thirdwavelabs.com or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction.

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