Privacy Policy and Notice At Collection

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Below is our Privacy Policy. It’s important because it explains how we use your information. To make it easier, we’ll quickly explain what information we may use about you. We may get this information from you, from others like your game publisher, or from cookies. We may share this information with others to help us run and improve the game.

• Cave Inc: When you play Cave Inc., we may use your usernames, email, online IDs, IP address, hardware information, date of birth, country, and state. We may also know what in-game items you buy and how you play the game, including your game settings and parental controls. To play the game, we may track your hand and head movements and record your voice. 

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• Websites: When you visit our websites, we may track how you interact with our websites and use your IP address and online IDs. 

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• Discord Channels: When you use our game Discord channels, we may use your Discord username and ID, email, and any information you share publicly.

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• Other: If you contact us directly, we will know any information you provide to us. We may collect other information about you if you sign an agreement with us. 

Serendigity Studios LLC., a Washington company (“Serendigity”, “we,” “us,” “our,” and their derivatives) provides Cave Inc. and other video games, including any playtest program (collectively, our “Games”), websites, including https://serendigitystudios.com and their respective subdomains (collectively, our “Websites”), and other online services (with our Games and Websites, collectively, our “Services”).

This Privacy Policy and Notice at Collection (this “Policy”) sets forth how we collect, use, protect, store, disclose, and otherwise process your Personal Information (defined in Section 3 below). This Policy does NOT apply to information you provide to any third party or is collected by any third party (except as otherwise provided below). 

By using our Services, you are confirming that you understand English well enough to understand this Policy. Should you have questions about this Policy, please contact us by emailing us at contact@serendigitystudios.com, so we can clarify and address your questions.

A “Child” is a person under the age needed to consent to the processing of Personal Information in their country of residence (for example, 13 years old in the United States and between 13 and 16 years old in the European Union).

We do not knowingly collect Personal Information from a Child. If you are a Child, do not submit any Personal Information to us. If you become aware that a Child has provided us with Personal Information, please email us at contact@serendigitystudios.com, so we may delete their Personal Information.

In accordance with the policies of Meta®, Cave Inc. is available to Quest Pro, Quest 2, Quest 3, and next-gen headset users at least 10 years of age who access Cave Inc. using a Parent-Managed Account, and Quest 1 and Rift® users at least 13 years of age. We do not administer Parent-Managed Accounts. For more information on creating and managing Parent-Managed Accounts, please review Meta’s education hub at https://www.meta.com/quest/safety-center/parental-supervision/. 

If you become aware of an underage user, or a user who has accessed Cave Inc. without using a Parent-Managed Account as required by Meta or without parental consent as required by Sony, please email us at contact@serendigitystudios.com, so we may delete their Personal Information.

The Personal Information we collect from or about Child users is used to give them access to certain features of Cave Inc. and communicate with a parent or legal guardian about that Child user’s registration, including for the purpose of verifying their information in connection with the registration. 

If you self-identify or are identified as a Child, your gameplay experience in Cave Inc. may be automatically be restricted. 

We do not share or otherwise disclose Child users’ Personal Information, except (a) as may be necessary to protect the safety of a Child, including by disclosing their Personal Information, where appropriate, to law enforcement agencies or for an investigation related to public safety, (b) to enable us to take precautions against liability, (c) to protect the integrity, safety, and security of Cave Inc., or (d) where required to do so by law or legal process.

At any time, a parent or legal guardian may review their Child’s Personal Information retained by us, require us to correct or delete such Personal Information, request that we delete their Child’s account, and/or refuse to permit us from further collecting or using their Child’s Personal Information by emailing us at contact@serendigitystudios.com. To protect parents and legal guardians’ privacy and security and the privacy and security of Child users, we may require a parent or legal guardian to take certain steps or provide additional information, which we will keep strictly confidential, to verify their identity before we provide any information about the Child or take the requested actions.

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. 

Excepting Personal Information of Children users of Cave Inc., 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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When you play Cave Inc., we may process your: 

• Identifiers: usernames (Cave Inc. username and Steam username), email address, unique or online IDs (such as third party IDs from Sony, Meta, Valve, and Microsoft® (Azure PlayFab®)), Internet Protocol address, and hardware ID and hardware information; 
• Geolocation: country and state; 
• Commercial information: purchase history of in-game items and DLCs; 
• Internet or other similar network activity: gameplay information and game settings and preferences, including parental controls and language; 
• Audio, electronic, visual, thermal, olfactory, or similar information: movement data (tracking your hands and head) and voice data (not voiceprints); 
• Protected classification characteristics under California or federal law: date of birth; and 
• Other: Meta age category (i.e., child, teen, or adult) and information from the content that you send to us directly by submitting a support ticket.  

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When you visit our Websites, we may process your: 

• Identifiers: first and last name and email address by completing the “Contact Us” form on our Websites, unique or online IDs (such as a third party ID from Google®), and Internet Protocol address;  
• Internet or other similar network activity: interaction with our Websites; 
• Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): first and last name by completing the “Contact Us” form on our Websites; and 
• Other: information from the content that you send to us directly by completing the “Contact Us” form on our Websites.

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When you visit Discord channels for our Games, we may process your: 

• 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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When you participate in our content creator program, we may process the Personal Information you provide in connection with that program, which may include your:

• Identifiers: first and last name, usernames, social media account information, mailing address, and email address; and 
• Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): payment and tax information, first and last name, and mailing address. 

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When you enter into a separate written agreement with Serendigity, we may process the Personal Information you provide in connection with that agreement, which may include your:

• Identifiers: first and last name, email address, and usernames; and  
• Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): first and last name.

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When you submit an Opt-Out Notice for the Arbitration Agreement described in our Terms of Service, we may process the Personal Information you provide in connection with that opt-out, which may include your:

• Identifiers: first and last name, mailing address, and email address; and  
• Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): first and last name, mailing address, and signature.

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When you submit a DMCA Notice or Counter-Notice, we may process the Personal Information you provide in connection with that notice, which may include your:

• Identifiers: first and last name, mailing address, and email address; and  
• Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): first and last name, telephone number, mailing address, and signature.

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

• When you play our Games, we may collect your movement data (tracking your hands and head), voice data (not voiceprints), gameplay information, and game settings and preferences, including parental controls and language. 
• 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 participate in a playtest for our Games, we may collect your Game or Discord username. 
• When you open Cave Inc., we may collect your date of birth.
• When you self-identify or are identified as a Child user of Cave Inc., we may collect your parent or legal guardian’s email address.  
• When you respond to a survey or questionnaire, we may collect the information you provide.

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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 our Games. For more information about our and third parties’ use of cookies and other automatic data collection technologies and certain choices we offer to you with respect to them, please see Section 5 below.

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

• Game publishers of Cave Inc. such as Sony, Meta, and Valve: When you play Cave Inc. or you self-identify or are identified as a Child user, we may receive your Meta age category (i.e., child, teen, or adult), and when you purchase in-game items or DLCs, we may receive your purchase history. By way of another example, when you submit a support ticket for Cave Inc., we may receive your Meta ID. 
• Backend providers of Cave Inc. such as Microsoft (Azure PlayFab): When you play Cave Inc. or self-identify or are identified as a Child user, we may receive your country, state, and PlayFab ID and associated third party IDs from Sony, Meta, and Valve. 
• Social media platforms such as Discord: When you join our Games’ Discord channels, we may receive your Discord username, user ID, and the information that you share publicly on those Discord channels. When you appeal against being banned from our Games’ Discord channels, we may receive your email address. 
• Content creator program contractors: When you participate in our content creator program, we may receive your first and last name, usernames, social media account information, mailing address, email address, and payment and tax information. 
• Other users of our Games: If a user reports to us that you are violating our Terms of Service or other community policies, we may collect the information provided by that user about you. If you are a parent or legal guardian of a Child user of Cave Inc., we may receive your email address from your Child. 
• We abide by this Policy 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.

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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We may use cookies and other automatic data collection technologies on our Services to collect Personal Information, for example, regarding your interaction with our Websites. By way of another example, when you play Cave Inc., we may automatically collect your Internet Protocol address, hardware ID, and hardware information. When you self-identify or are identified as a Child user of Cave Inc., we may automatically collect your Internet Protocol address.

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

• 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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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 our Services may be inaccessible or not function properly.

We may collect your Personal Information for the below purposes. 

• To provide or improve our Services: We may use your Personal Information to process your requests to access our Services and certain of their features and to generally present and improve our Services. For example, we may use your Personal Information to create your account for our Games, to grant you access to our Games, to fulfill in-game purchases, and to improve our Games or Websites. 
• To administer our Services: We may use your Personal Information for any lawful business or operational purpose in connection with administering our Services. For example, if you reach out to us, we may use your Personal Information to respond to support tickets or business inquiries sent by you. 
• To market our Services: We may use your Personal Information to market our Services to you. For example, with your prior consent, we may share news and updates about our Services through our Games’ Discord channels.
• In furtherance of legal and safety objectives: We may access, use, and share with others your Personal Information for purposes of 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 our Games and Games’ Discord channels, and for moderation and enforcement of Discord channel policies.
• 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.
• 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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We only collect, use, or store your Personal Information for a lawful basis such as: 

• you voluntarily provide it to us with your specific, informed, and unambiguous consent (for example, through our Games’ Discord channels); 
• it is necessary to provide you with a Service that you have requested (for example, providing you access to our Games);
• 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, where necessary to protect the safety of one of our users or someone else).

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 may include our:

• parental and legal guardian consent management provider; 
• backend platform service providers such as Epic Games® (Online Services), Unity Technologies SF (Vivox®), Microsoft (Azure PlayFab), and Exit Games Inc. (Photon®); 
• cloud computing services such as Amazon Web Services®, Microsoft, and Google Cloud; 
• IT and security service providers such as Cloudflare, Inc; 
• content creator program providers; 
• communication providers such as Slack Technologies, LLC and Google Inc. (Gmail®); 
• game analytics providers; 
• moderators and those on Discord; 
• player support providers; and 
• co-developer contractors.

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We may also disclose your Personal Information:

• 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 retained by us pertaining to the users of our 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. 

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

We protect your Personal Information through a combination of collection, security, and retention policies.

• Limited retention: We retain each category of Personal Information only for as long as necessary to fulfill the purposes for which the Personal Information was provided to us or, if longer, to comply with any legal obligations, to resolve disputes, and to enforce contracts. For example, we may retain Personal Information collected about you to prevent repeated violations or suspected violations of our Terms of Service if your account has been banned or your access to our Services has been disabled for any reason. 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 the Personal Information, the purposes for which we process the Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements. For example, subject to the foregoing considerations, it is our policy to delete your Personal Information if we stop operating our Games or the feature through which the Personal Information was acquired.
• Purpose limitation: We will use your Personal Information only for our Services you choose to access and for the purposes notified to you, unless we otherwise obtain your consent. We limit the collection of Personal Information to what is adequate, relevant, and reasonably necessary for those purposes.  
• Security measures: We use reasonable security measures to ensure a level of security appropriate to the volume and nature of Personal Information processed and risk involved, considering the size, scope, and type of our business, and have implemented contractual, technical, administrative, and physical security measures designed to protect your Personal Information from unauthorized access, disclosure, use, and modification. As part of our privacy compliance processes, we review these security procedures on an ongoing basis to consider new technology and methods as necessary. However, please understand that our implementation of security measures as described in this Policy does not guarantee the security of your Personal Information. In the event of a security breach, we will notify the proper regulatory authorities and any affected users of the breach within 72 hours after we become aware of the breach to the extent required by applicable law.

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

• Do not use your real name when selecting a username.
• Do not share your real name or anything private about yourself or anyone else with other users of any Game or Discord channels.
• Do not pick a password that is easy to guess, and do not share your password.  
• Please remember that we have no control over what other users do with the content of your communications and no responsibility or obligation regarding other users.

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 Policy.

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When transferring Personal Information out of foreign countries, 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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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.  

• 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. 
• You have the right to request deletion of your Personal Information. If you choose to have your Personal Information removed from our 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. 
• 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.  
• You have the right to withdraw your consent at any time. 
• 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.

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 others.  Further, we are not required to carry out a requested action in some instances, including where the request is considered excessive.

Please email us at contact@serendigitystudios.com 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.

The following applies to California residents: 

• 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. Please note that Do Not Track is a different privacy mechanism than the Global Privacy Control, a legally recognized browser-based control that indicates whether you would like to opt out of the processing of your Personal Information for certain purposes.

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The following applies to California residents:

• 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 contact@serendigitystudios.com

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The following applies to California, Colorado, Connecticut, Montana, Oregon, Texas, Utah, and Virginia residents (in the event of a conflict between this Section 11 and any other section in this Policy, this Section 11 controls): 

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.

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 our 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 our Services to the extent the use of your Personal Information is reasonably necessary and proportionate to those purposes; 
• debug our 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 Personal 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.

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

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

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To exercise your rights described above, please email us at contact@serendigitystudios.com 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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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.

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. 

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.

For data portability requests, we will select a format to provide your Personal Information that is readily useable, easy-to-understand, and should allow you to transmit the information from one entity to another entity without hindrance. 

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.

We reserve the right to change this Policy from time to time consistent with applicable law. If we make changes to this Policy, we will notify you by revising the date at the top of this Policy and provide you with additional notice such as an in-game notice or email notification.

In the event that any changes we make to this Policy affect Children users of Cave Inc. in a way that requires prior parental or legal guardian consent under COPPA, we will obtain such prior consent through k-ID.

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If you have questions, you may complete email us at contact@serendigitystudios.com

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