Privacy Policy

Your privacy is important to us (“Company,” “we,” “us,” or “our”)! This privacy policy applies to our website (https://www.kintsugiyama.com) (the “Site”) and our video games, currently The Legend of California, including final, pre-launch, and test versions (our “Games” and each a “Game”). Through the Site, we provide sales and marketing information about our company and games (such information, together with the Site and the Games, the “Services”).

This Privacy Policy explains what Personal Data (defined below) we collect in connection with the Services, how we use and share that data, and your choices concerning our data practices. This policy applies only to information we collect via the Services and in email, text, and other electronic communications sent through or in connection with the Services. This Privacy Policy forms part of, and is incorporated into, our Terms of Service, which govern your use of the Services.

This policy DOES NOT apply to information that you provide to or that is collected by any third party, or which is collected outside of the Services.

Before using the Services or submitting any Personal Data to Company, please review this Privacy Policy carefully and contact us at privacy@kintsugiyama.com if you have any questions. By using the Services, you agree to the practices described in this Privacy Policy.

If you do not agree to this Privacy Policy, please do not access the Site, the Game or otherwise use the Services.

1. Data Controller

Kintsugiyama, Inc. will be the entity responsible for your data. To ask questions or comment about this privacy policy and our privacy practices, you can contact us at:

Email: privacy@kintsugiyama.com

Postal Address: Kintsugiyama, Inc., 30511 Avenida De Las Flores #1034, Rancho Santa Margarita, CA 92688

2. Children

Our Services are intended for players who are at least 16 years old and are not directed to children under 16. We do not collect age information directly. Access is provided through third-party storefronts (e.g., Steam or Epic), each of which applies its own age assurance measures. If you are a parent or guardian of a child who wishes to play the Game, we encourage you to take an active role in your child’s gameplay experience. You may wish to restrict your child’s participation in public games, which can be joined by other players without prior approval (including players whom your child does not know). We also encourage parents and guardians to speak with their children about online safety and the risks associated with interacting with strangers online.

We do not knowingly collect Personal Data from children under the age of 16. If we learn that a user is under 16, we will remove or restrict that user’s access and delete the associated Personal Data. If you have reason to believe that a child under the age of 16 has provided Personal Data to Company through the Services please contact us at privacy@kintsugiyama.com and we will endeavor to delete that information from our databases.

3. Personal Data We Collect

We collect information that alone or in combination with other information in our possession could be used to identify you (“Personal Data”) as follows:

Personal Data You Provide. We collect the Personal Data that you choose to provide us. For example, if you send us an email, we will collect your email address, and any information that you include in your communications to us.

If you send us a job application, we’ll receive the information that you provide in connection with that application.

If you sign up for our newsletter through a link on our Site, the link will direct you to our third-party newsletter service, who will collect the email address that you provide in order to send you our newsletter.

Creators who sign up using our signup form will be asked to provide us with their names, social accounts and email addresses.

If you contact us through our contact form you will be asked to provide your name and email address. We will receive this information and any other information that you provide in your message.

Automatically Collected Information. When you visit, use, and interact with the Services, we may receive certain information about you, your visit, use, or interactions that is collected passively by Third-Party Services (defined below).

Third-Party Information Collection Through the Services.

Some features of the Services are served by third parties (“Third-Party Services”). When you use the Services, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties include, for example, the gaming platform you use in connection with our Game, our analytics providers, backend services provider, email newsletter provider, web form provider, cloud storage provider, and website hosting provider.

How these third parties process your information. Many of the third parties described in this policy act as our service providers or subprocessors.

For example, our Site is hosted on our own cloud infrastructure (Amazon Web Services), which stores data on our behalf and does not use it for its own purposes. Our Site sets only strictly necessary cookies and does not use advertising or cross-site tracking cookies; for details of the cookies our Site uses, please see our Cookie Policy.

When you play the Games, our third-party analytics and backend services partners will collect certain analytics information from you, including information about your device and the software and hardware you use in connection with the Game such as your operating system, a randomly generated device ID, your device model and hardware information (memory, CPU, GPU-related information, and system information). Also collected are your country code, session ID, crash data, logs, performance data such as launch time, hang rate and energy use, and other usage data such as your activity in the Games, the levels you achieve, where you die within the Game and the resources that you access and use within the Games.

When a third party processes Personal Data in its capacity as our subprocessor or service provider, it does so on our behalf and in accordance with our instructions and the terms of our agreement with it, and that processing is covered by this Privacy Policy.

Other third parties have a separate, direct relationship with you. For example, when you access our Game through a storefront or platform such as Steam or Epic, or when you link or use a service such as Discord, you have your own account and your own relationship with that provider. When a provider collects or processes your Personal Data in connection with that direct relationship rather than as our subprocessor, that collection and processing is not covered by this Privacy Policy. It is instead governed by that provider’s own privacy policy, and we encourage you to review it.

Account and Identity Data. When you play, we receive and store identifiers from your gaming platform: your Epic account identifier (PUID), and the identifiers, display names, and country associated with your linked platform accounts (e.g., Steam ID and Steam persona name; Epic account ID; and, if you link it during onboarding, your Discord ID and username). If you link your Discord account, we also receive information about your membership in, and your roles within, Discord servers relevant to that integration, and we assign, update, or remove roles and role connection metadata on your Discord account so that your linked status is reflected there. We use that information only to operate the account link and to reflect your linked status. We do not sell, license, or otherwise commercialize it, and we do not disclose it to data brokers, advertising networks, or other monetization-related services. We also process your IP address when you connect to our services, which we use for connectivity, security, and abuse prevention and retain for a limited period. Your chosen in-game player name is stored with your game data.

The Personal Data that we receive from Third-Party Services and process for our own purposes is covered by this Privacy Policy. Where a third party independently collects or processes your Personal Data through its own direct relationship with you, that activity is governed by that third party’s privacy policy and not by this one. Our Third-Party Services vendors/partners include:

• Grafana Cloud

• Steam/Valve

• Epic Games

• Sentry

• AWS

• Discord

• Cloudflare

• ActiveCampaign

• Anthropic

• OpenAI

• Atlassian

The above links to third-party websites and privacy policies are provided for your convenience and may be changed from time to time by the relevant third parties. We make no representations or warranties as to their accuracy.

Use of Artificial Intelligence Tools: We use artificial intelligence tools (“AI Tools”), including large language model services provided by artificial intelligence service providers such as Anthropic, PBC and OpenAI OpCo, LLC (collectively such providers, “AI Service Providers”) to support certain of our services and internal operations. This section describes how Personal Data may be processed through those tools and the safeguards we apply.

We use AI Tools for the following purposes:

• Player communications. Supporting email notifications and other communications to and among players, which may involve processing your name and email address.

• Community Moderation. We allow players to report other players who violate our Community Guidelines or Terms of Service. Additionally, we may use AI Tools to help us review and triage player reports.

• Analytics. Analyzing gameplay and service data associated with your PUID.

• Crash and bug report triage. Reviewing, categorizing, and prioritizing crash and bug reports, which may contain your PUID, IP address, device and technical information, and any other information included in or attached to a report.

• Engineering and operations. Supporting our development, operations, and live service workflows. Personal Data contained in logs, tickets, or other operational data may be incidentally processed when our team uses AI Tools to investigate or resolve technical and operational issues.

Categories of Information

Because crash reports, communications, and operational data can contain a wide range of information, any category of Personal Data described in this policy may be processed through these tools. We apply data minimization practices and limit the Personal Data submitted to AI Tools to what is reasonably necessary for the purposes described above.

Safeguards

We apply the following safeguards when using AI Service Provider services:

• Commercial services only. We access AI Tools exclusively through our AI Service Providers’ commercial and enterprise offerings, subject to the relevant AI Service Provider’s enterprise data protection terms for those offerings. We do not use consumer or personal accounts to process player data.

• No model training. Under our agreement with our AI Service Providers, Personal Data we submit is not used to train their models.

• Human oversight. We do not use AI Tools to make decisions that produce legal effects or similarly significant effects concerning you based solely on automated processing. A member of our team reviews AI-assisted outputs before any such decision is made or action is taken.

• Limited retention. We retain the Personal Data we submit to AI Tools only as long as necessary for the purposes described above. Our AI Service Providers may retain this information for a limited period under their data protection terms, for example to detect and prevent misuse or to meet legal obligations, and those periods may vary by provider and service.

Social Media Accounts: We also have accounts, channels and servers on social media platforms like Discord, X, TikTok, YouTube and Instagram (“Social Media Accounts”). The collection of information on the Social Media Accounts is governed by the privacy policy of the applicable platform. When you interact with our Social Media Accounts, we may also collect Personal Data that you elect to provide to us, such as your contact details. In addition, the companies that host our Social Media Accounts may provide us with aggregate information and analytics regarding the use of our Social Media Accounts.

Links to Other Websites: The Services (including this privacy policy) may contain links to other websites not operated or controlled by us, including social media services (“Third-Party Sites”). The information that you share with Third-Party Sites will be governed by the specific privacy policies and terms of service of the Third-Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third-Party Sites directly for information on their privacy practices and policies.

4. Our Legal Bases For Processing Your Information (For Residents of the UK/EU)

When we collect or otherwise process any of your Personal Data, we do so in reliance on the following legal bases:

• Your consent. If you have provided us with your consent to process your information for a specific purpose we will do so based on your consent. You may withdraw your consent at any time by following the instructions in the “Your Rights and Choices” section below.

• Performance of a Contract with You. When the processing of your Personal Data is necessary in order for us to perform a contract with you, such as the EULA or Terms of Service associated with the Game or our Site, or when you request that we process your information prior to entering into a contract with you, we will do so on this basis.

• Our Legitimate Interests. When we believe the processing of your Personal Data is reasonably necessary for us to achieve our legitimate interests in conducting and managing our business and our relationship with you, we will do so on this basis, including the legitimate interest we have in: personalizing, enhancing, modifying or otherwise improving the services and/or the communications that we provide to you; retaining and engaging you and our other users; detecting and preventing fraud and operating a safe and lawful business; and improving the security and optimization of our network, sites and services.

• Our Legal Obligations. When we believe that the processing of your information is necessary for us to comply with our legal obligations (such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved) we will do so on this basis.

• Vital Interests. When we believe that the processing of your information is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person, we will do so on this basis.

When we use your information for our legitimate interests, we take into account any potential impact that such use may have on you by balancing our legitimate interests against your interests, rights, and freedoms. We will not use your information if there is a less intrusive way for us to achieve our legitimate interests or if we believe your interests should override ours unless we have other grounds to do so (such as your consent or a legal obligation).

In practice we rely on: performance of a contract to operate the game, deliver access, and maintain your account and game data; legitimate interests to secure our services, prevent fraud and abuse, moderate conduct, and to send news and updates about our games to people who have asked to hear from us or with whom we have a relationship (you can opt out of these at any time, with one click, in every email); consent where you give it (e.g., signing up for our newsletter); and legal obligation where the law requires.

5. How We Use Personal Data

We may use Personal Data for the following purposes:

• To optimize, test, develop, and improve the Services.

• To provide, support, and maintain the Services and their contents, and any other information, or services that you request from us.

• To communicate about promotions, upcoming events, and other news about our games and services with your consent.

• To evaluate you as a candidate for a position within the Company if you apply for a job.

• To send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies.

• To detect and correct errors and bugs within the Games.

• To respond to you if you contact us.

• To determine how users are accessing our Services and where our Services are being discovered.

• To deliver a better and more personalized experience.

• To fulfill any other purpose for which you provide it.

• To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties.

• For any reason that we described to you when collecting your Personal Data or for any reason for which you’ve provided us with your consent.

• To help maintain the safety, security, and integrity of the Services, our IT systems, architecture, networks, databases, and other technology assets.

• To protect the rights, interests, and safety of us, you, and any third parties, and to exercise and defend our rights.

• To create anonymous, de-identified, or aggregated datasets (“Aggregated Information”). Such datasets would not be “Personal Data” subject to this Privacy Policy. We may use anonymous, de-identified, or aggregated datasets for any purpose. For more information about Aggregated Information see below.

Aggregated Information: We may aggregate Personal Data and use the aggregated information to analyze the effectiveness of our Services, to improve and add features to our Services, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of users of our Services and share aggregated information like general user statistics with prospective business partners. We may collect aggregated information through the Services, through cookies, and through other means described in this Privacy Policy.

6. Publicly Viewable Information

Other players in your game will be able to see your Steam ID, Epic ID, or other username that you elect to use for the Game.

When you use the voice or text chat functions within the Games, your in-game text and voice chats will be visible or audible, as applicable, to all other players participating in that game.

We do not log or store the contents of in-game text chat, and we do not record, monitor, or transcribe in-game voice chat. Voice and text are transmitted between players in your session and are not retained by us.

7. Sharing and Disclosure of Personal Data

We do not sell Personal Data.

In certain circumstances we may share the categories of Personal Data described above without further notice to you, unless required by the law, with the following categories of third parties as described below:

• Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Data with vendors and service providers, including providers of hosting services, cloud services, email communication software and email newsletter services, and analytics services. Pursuant to our instructions, these parties will access, process, or store Personal Data in the course of performing their duties to us.

• Legal Requirements: We may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a court order, regulatory request or other legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Services, or the public, or (v) protect against legal liability.

• Enforcing our Rights: We may disclose your information as necessary to enforce our rights arising from any contracts entered into between you and us, such as our EULA and Terms of Service.

• Necessary for Purpose: We may disclose your information as necessary to fulfill the purpose for which you provided it.

• With Your Consent: We may disclose your information with your consent.

• Other purposes: We may disclose your information for any other purpose disclosed by us and accepted by you when you provide the information.

8. Where, How and How Long We Store Your Information

Where we process your data. We are a global game. Our central platform services and databases — which hold your account identifiers and game data — are operated in the United States. To provide low-latency gameplay, we may run game servers in other regions, including the European Union, but these communicate with our central services in the United States. As a result, Personal Data of players located in the EU/EEA and UK is transferred to and processed in the United States.

International transfers. Where we transfer Personal Data from the EEA/UK to the United States or other countries, we rely on appropriate safeguards, including the EU-US / UK Data Privacy Framework (where the recipient is certified) and/or the European Commission’s Standard Contractual Clauses. You can request information about these safeguards using the contact details below.

How long we keep it. We keep Personal Data only as long as necessary for the purposes described, according to our internal retention schedule. For example: recent connection/IP records are kept for a short rolling window (approximately 30 days); your account-linked game data is kept while your access is active and for a reasonable period after; marketing contact data is kept until you opt out; and some records (e.g., those needed to enforce bans or meet legal obligations) may be kept longer. When data is no longer needed, we delete or anonymize it. Note that residual copies may persist in routine backups for a limited period before they expire.

9. Data Security

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure by partnering with third parties who use industry-standard security measures to protect your information.

Unfortunately, the transmission of information via the Internet and mobile platforms is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted through our Services. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

10. Your Rights and Choices

In certain circumstances providing Personal Data is optional. However, if you choose not to provide Personal Data that is needed to use some features of our Services, you may be unable to use those features.

We strive to provide you with choices regarding the Personal Data you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information:

• Updating or correcting your information: Please email us a request at privacy@kintsugiyama.com if you need to change or correct your Personal Data.

• Newsletter: If you have opted in to receiving our newsletter and you want us to unsubscribe, you can opt out by clicking the unsubscribe link at the bottom of our emails containing the newsletter and following the instructions provided.

• Deleting Your Personal Data: We provide all of our data subjects with the Right to be Forgotten (also known as the Right to the Deletion of your Personal Data), whether or not you reside in, or are a citizen of, the European Union or the United Kingdom. Please email us a request at privacy@kintsugiyama.com if you would like us to delete your Personal Data.

• Third parties: We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.

Please note, however, that the Right to be Forgotten is not an absolute right. The Right to be Forgotten only applies to the following types of Personal Data that are held by us at the time of the request: Personal Data that was processed on the basis of consent; Personal Data that was processed on the basis of legitimate interests; Personal Data processed on a basis other than consent or legitimate interests that is no longer required for the purpose for which it was originally collected or processed; Personal Data that was processed unlawfully; Personal Data that must be deleted in order to comply with a legal obligation; or Personal Data of a child.

Personal Data Rights: Most comprehensive consumer privacy laws provide those that they protect with certain data protection rights. While the precise rights vary from jurisdiction to jurisdiction, most include all or a number of the following:

• The right to confirm — You have the right to confirm whether we are processing your Personal Data;

• The right to access/obtain — You have the right to request we provide you with copies of your Personal Data. We may charge you a small fee for this service.

• The right to correct/rectify — You have the right to request that we correct any Personal Data you believe is inaccurate. You also have the right to request that we complete Personal Data you believe is incomplete.

• The right to be forgotten/deletion — You have the right to request that we erase certain types of Personal Data (see Deleting Your Personal Data above).

• The right to restrict processing — You have the right to request that we restrict the processing of your Personal Data, under certain conditions.

• The right to object to processing — You have the right to object to our processing of your Personal Data, under certain conditions, such as for targeted advertising.

• The right to data portability — You have the right to request that we transfer the Personal Data that we have collected to another organization, or directly to you, under certain conditions.

• Rights in relation to automated decision-making and profiling — You have the right to not be subject to a decision based solely on the automated processing of your Personal Data. Processing of your Personal Data is “automated” where it is carried out without human intervention and where it produces legal effects or significantly affects you.

We are happy to provide the above rights to all of our users, regardless of where you live. If you make a request, we will respond within one month; that period may be extended in certain circumstances, such as for complex requests. If you would like to exercise any of these rights please email us at privacy@kintsugiyama.com.

Shine the Light. Under California Civil Code Section 1798.83 (the “Shine the Light” law), California residents who use the Services may request and obtain from us, once a year and free of charge, information about categories of Personal Data (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared Personal Data in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

Minors. California residents who have an account with us and who are under 18 years of age have the right to request deletion of any data that such users post on the Services, if any. To request deletion of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).

11. Changes to the Privacy Policy

The Services and our business may change from time to time. As a result, we may change this Privacy Policy at any time. When we do, we will post an updated version on this page, unless another type of notice is required by the applicable law. By continuing to use our Services or providing us with Personal Data after we have posted an updated Privacy Policy, or notified you by other means if applicable, you consent to the revised Privacy Policy and practices described in it.

12. Contact Us

If you have any questions about our Privacy Policy or information practices, please feel free to contact us at privacy@kintsugiyama.com.