Last Modified: February 18, 2021

Nightdive Studios, LLC (“Nightdive”) is an independent developer and publisher of classic video games, with 100 titles across multiple digital platforms that has created a website offering news and links to purchase their games through third party platforms. The website is located at https://nightdivestudios.com (or any successor URL) (“Site”). Nightdive is committed to protecting the privacy rights of users of its Site and we take your privacy seriously. This Privacy Policy describes the information that we collect from you through the Site, how we collect and maintain this information, and what we do with it after we collect it, including how we may disclose it.

By using the Site, or by providing your information to us or to our affiliates, you are signifying that you have read, understand, and consent to the collection, use, and disclosure of your information in accordance with this Privacy Policy and our Terms and Conditions (“Terms”). IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITE.

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material or significant changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on our Site. Your continued use of our Site will signify your acceptance of any changes to our Privacy Policy. Throughout the Site and this Privacy Policy the use of “we,” “us” and “our” refers to

NIGHTDIVE and “you” and “your” refer to you.

INFORMATION WE MAY COLLECT

To use the Site you are not required to process any account registration. If you sign up where indicated to receive communications from Nightdive, we will collect your first name, last name, and email address to sign up to receive updates and marketing and other communications from Nightdive. We may also collect additional personal information such as your address and credit card information for purchases of products, if and as provided. Although most purchases of games on the Site are redirected to be completed through third party companies and platforms, there is a limited amount of inventory available for purchase directly through the Site, including System Shock. All such information is collectively referred to herein as “Personal Information.” You may be asked to supply certain information relevant to purchase you make through the Site, including, without limitation, as applicable, your name; your contact information; address and phone number; your credit card number; the expiration date of your credit card; and your billing address. We may us third parties to process your payment.

In addition, we may collect limited Personal Information and certain other information automatically, including, but not limited to, your IP address and a determination of your location with the utilization of geolocation; the operating system you use to access the Site; the type of Internet browsers you use; information about the way you use the Site; information associated with your Internet service provider; the content you view and/or download, search terms you enter, features you use, and the date and time of your visits to the Site.

HOW WE USE YOUR INFORMATION

We may use the information and/or Personal Information we collect from you to do such things as:

Facilitate your use of the Site;

Offer products, information, links, updates, and services that may be of interest to you;

Communicate with you about changes to the Site, the Terms or this Privacy Policy;

Respond to your questions; analyze use of and improve our Site;

Identify and protect against misuses of our Site;

Screen our orders for fraud or other risks,

Allow our third-party providers to assist you with purchase and delivery information, including, but not limited to, providing you with purchase confirmation and delivery status;

Process or follow-up regarding your order; and

Enforce our Privacy Policy and Terms.

DISCLOSURE OF INFORMATION

We may share aggregated, non-personally identifiable information about you with third parties. This information is anonymous, statistical information that reflects usage of the Site and does not include your Personal Information. We may use your email address to send messages relating to topics such as our company or products news from which you will have the ability to opt-out by following the instructions in such communications.

We will not share your Personal Information with others, except as indicated below.

1. We may share Personal Information with service providers, such as payment processors, fulfillment partners, data management providers, promotional managers, remarketers, or other similar partners performing services on our behalf. Third-party service providers with whom we share Personal Information will be required to use that Personal Information only as needed to provide the services they are providing to us and in a manner consistent with this Privacy Policy;
2. We may need to disclose your Personal Information without your consent and without notice to you in response to legal process; to prevent fraud; to comply with legal or regulatory requirements; to enforce our Privacy Policy and Terms; to investigate claims of intellectual property infringement, to protect the rights, property or safety of our users, our employees, or others; or to investigate security breaches or otherwise cooperate with authorities pursuant to a legal matter; and
3. We may disclose your Personal Information in connection with a merger, acquisition, or liquidation of Nightdive or sale of certain assets, to any third party involved in such transactions, including those who may be located outside the United States, and in connection with business negotiations with respect to any such transactions.

PAYMENTS

The Site is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to provide our services and sell our products to you. Your information and Personal Information are stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. Shopify’s Privacy Policy is here, and applies to all data they collect. It is encrypted according to the requirements of the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. For additional information, you can review Shopify’s terms of service here. You may also elect to process your order via Google Pay, PayPal, or Amazon Pay. Google Pay’s Privacy Policy is here and the terms of service are here. Pay Pal’s Privacy Policy is here and the account user agreement is here. Amazon Pay’s Privacy Policy is here and the conditions of use are here. We also use BackerKit on the Site for System Shock pledges. BackerKit is a backer survey and data management platform that helps crowdfunding creators send surveys, sell add-ons and pre-orders, and manage backer data for rewards fulfillment. BackerKit’s Privacy Policy is here and the terms of service are here. These policies would apply to all data collected and processed by the applicable third-party payment or crowdfunding processor.

 

THIRD-PARTY RETAILERS, OTHER THIRD-PARTY SITES, AND REFUNDS

Third-Party Retailers

Our products are primarily available for purchase through the third-party retailers as listed on our Site. They provide the various online e-commerce platforms that allow you to purchase our products. Your information and Personal Information are stored through such third-party retailers’ data storage, databases and the general ecommerce applications.

 

For additional information, you should review the applicable third-party retailers sites and applicable terms of service and privacy policies prior to completing a purchase. These policies would apply to all data collected and processed by the applicable third-party retailer through which you make a purchase of our products. It is your responsibility to review the terms and privacy policies of such third-party retailers as applicable before providing any Personal Information, other information, or making a purchase.

 

Other Third-Party Sites

The Site may contain advertising or links to web sites operated by third parties. The fact that our Site contains links to third-party information and websites is not an endorsement or representation of our affiliation with that third party. By clicking on one of these links, you will leave the Site and will be subject to the terms and conditions and privacy policy of the linked website. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your information and/or Personal Information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as we do. If you visit a third-party website that is linked to our Site, you should consult that third-party website’s terms and conditions of use and privacy policy especially before providing any Personal Information or other information.

 

Refunds

For products sold through third-party retailers, all refunds and exchanges should be handled directly through the applicable third-party retailer that the product was purchased from and pursuant to their specific terms and instructions. Products purchased through Shopify are according to their terms and conditions, policies, and any instructions.

 

COOKIES, CLEAR GIFs, AND USAGE DATA

Like most websites, we may track use of the Site so we can analyze usage patterns and improve our Site. The technologies we use to monitor the Site’s activity may include cookies and clear GIFs, among others. A cookie is a small text file that may have a unique identifier, and resides and may be stored, among other places, on a user’s computer for record keeping purposes and emails we may send you. Through the use of a cookie, we may automatically collect information about your activity on the Site, such as the pages you visit, the links you click, the searches you conduct, and the date and time of your use of the Site. For security purposes, we will encrypt any usernames, passwords, and other user member account-related data that we store in such cookies, if and as applicable. We may allow third-party providers to serve cookies from the Site to allow them to assist us in various activities, such as analysis and research on the effectiveness of the Site, content and potential advertising. Any information that these third parties collect via cookies and web beacons is not linked to any Personal Information collected by us. Cookies may be persistent or stored only during an individual session.

You may delete or decline browser cookies on your computer by changing your browser settings. (Click “Help” in the toolbar of most browsers for instructions.) If you do so, some of the features of the Site may not function properly.

Clear GIFs (a.k.a. web bugs, beacons, or tags) are small graphic images placed on a web page, web-based document, or in an email message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or email message. We do not use clear GIFs to collect Personal Information about you; however, we may use clear GIFs to capture statistical usage information for our Site or the services and products offered through the Site. We may correlate this information to a user to personalize the user experience and for statistical analysis of user experiences on our Site.

We also maintain log files that contain IP addresses. In general, we may use log files to monitor traffic on our Site, to troubleshoot technical problems, and to report aggregate information to our potential advertisers. In the event of user abuse of our Site, however, we may block certain IP addresses or console IDs, as applicable. If available, IP addresses and console IDs may be used to personally identify you in order to enforce our Terms.

 

SOCIAL MEDIA WIDGETS – Facebook, Twitter, Pinterest, Google +, YouTube, Instagram, LinkedIn, and Tumblr

We may embed social media widgets, such as Facebook, LinkedIn, and Twitter, to allow you to see things like the number of likes/shares/recommends and “like/share/recommend” our webpages, as applicable for each potential social media widget. These widgets may collect your IP address, your web browser user information, store and retrieve cookies on your browser, embed additional tracking, and monitor your interaction with the widget, including correlating your applicable social media account with whatever action you take within the applicable widget (such as e.g. “liking/sharing/recommending” our webpage), if you are logged in to such applicable social media. We may also link to social media sites for Nightdive specific content on such social media sites.

 

For more information about how this data may be used, see, as applicable, Facebook’s data privacy policy: https://www.facebook.com/about/privacy/update, LinkedIn’s data privacy policy: https://www.linkedin.com/legal/privacy-policy, and Twitter’s data privacy policy: https://twitter.com/en/privacy, Pinterest’s data privacy policy: https://policy.pinterest.com/en/privacy-policy, Google +’s data privacy policy: https://policies.google.com/privacy, YouTube’s data privacy policy: https://policies.google.com/privacy, Instagram’s data privacy policy: https://help.instagram.com/519522125107875, and Tumblr’s data privacy policy: https://www.tumblr.com/privacy/en. If there are different or additional data privacy terms in place at the time of your access, it is your obligation to review them before providing any information or Personal Information. Please also review the terms and conditions of use and/or account registration terms for each applicable social media site as they govern your use of each applicable social media site.

 

SECURITY

We take the safeguarding of your Personal Information seriously. We employ reasonable security measures to prevent or reduce the risk of disclosure of such information and Personal Information. Any Personal Information will be encrypted with industry standard security such as Secure Socket Layer (SSL). If accessing the Site through your computer, while on a secure page, the lock icon in the address bar of your internet browser becomes locked, as opposed to un-locked, or open, when you are just ‘surfing’. While we strive to ensure the safety and security of your information, no security measures are perfect or impenetrable. To protect the confidentiality of your Personal Information if you elect to register an account, you must keep your password confidential and not disclose it to any other person. Please advise us right away if you believe your Personal Information has been compromised in any way.

 

WEB LOGS AND OTHER FORUMS INCLUDING DISCORD

The Site may offer web logs, web postings, bulletin boards, chat rooms, newsgroups or other forums which permit users to post content such as product reviews or interact online. Any Personal Information or other information you transmit or post online will be made public and Nightdive cannot control nor is it responsible for the use any third party may make of such Personal Information or other information.

 

The Site allows you to link to Discord. Discord an American VoIP, instant messaging and digital distribution platform designed for creating communities. Users communicate with voice calls, video calls, text messaging, media and files in private chats or as part of communities called “servers.” All account registration and use of Discord is pursuant to Discord’s Terms of Service and Privacy Policy. If you use Discord’s service or if you elect to join Nightdive Studio’s community, all such uses of Discord are pursuant to Discord’s Terms of Service and Privacy Policy.

 

REMARKETING

We may use a third-party technology to remarket our Site based on your behavior while using this Site. Note that if used only non-personally identifiable information would be used in this process. This means that depending which pages you visit on the Site, your browser can become part of an audience, thus be exposed to our ads though third-party ad networks (including Google) across the Internet. You can opt out of being included in remarketing by visiting the Network Advertising Initiative opt-out page. If you agree to receive promotional offers on our products, we may provide your name and email address to our partners so that they can send you such promotions.

 

MINORS

We do not knowingly or intentionally collect any Personal Information from anyone under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at support@nightdivestudios.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information.

 

BUSINESS TRANSITIONS

In the event Nightdive goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, your information, including your Personal Information will, in most instances, be part of the assets transferred.

 

INTERNATIONAL DATA TRANSFERS

The Site is operated and maintained within the United States. If you are visiting the Site from outside of the United States, you should be aware that your data will be transferred to and processed under the laws of the United States, which may not have the same data protection laws as the country in which you are located. By visiting the Site, you consent to the processing and transfer of your data as set out in this Privacy Policy in the United States and subject to the laws of the United States. If you do not consent to having your information used in accordance with this Privacy Policy, you may not access the Site.

 

LIMITATION OF LIABILITY AND TERMS

YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER PRIVACY IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND THE SITE’S TERMS (INCLUDING, BUT NOT LIMITED TO, ANY REMEDIES, LIMITATIONS ON DAMAGES, AND DISPUTE RESOLUTION CONTAINED THEREIN).

 

MODIFYING YOUR INFORMATION

You may unsubscribe from any emails using the link provided in any such email. If applicable, you may log in to your account at any time to modify the information you provided when you created it. If you request that your account be deleted, we may still maintain historical information about your account and any transactions in which you have participated.

 

YOUR RIGHTS

Nightdive aims to take reasonable steps to allow you to correct, amend, or delete your Personal Information. You may also unsubscribe from any emails using the link provided in any such email. California Civil Code Section 1798.83 entitles California customers to request information concerning whether a business has disclosed Personal Information to any third parties for the third parties’ direct marketing purposes. As stated in this Privacy Policy, Nightdive will not sell or share your Personal Information with third-party companies for their direct marketing purposes without your consent. California customers who wish to request further information about our compliance with this law may contact us by email at support@nightdivestudios.com with Attention: Legal Department CA Civil Code Section 1798.83 Inquiry in the subject line.

 

RESPONSE TO DO NOT TRACK SIGNALS

We do not track our customers over time and across third party websites to provide targeted advertising and therefore do not respond to Do Not Track (“DNT”) signals. However, some third-party sites and mobile applications do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites or mobile applications, your web browser may allow you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.

 

CONTACT

If you would like to communicate with us regarding privacy issues or have questions or comments about this Privacy Policy, please contact us at support@nightdivestudios.com.