GDPR Privacy Policy Addendum

Effective Date: This GDPR Privacy Policy Addendum was last updated as of January 1, 2023.

Effective Date: January 1, 2023

Last Updated on: January 1, 2023

This Privacy Policy for California Residents supplements the information contained in Sky Castle Studios, LLC’s [HYPERLINKED URL TO GENERAL PRIVACY POLICY] and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and the California Privacy Rights Act of 2020 (CPRA) and any terms defined in the CCPA or CPRA have the same meaning when used in this policy. Any other capitalized terms used in this policy will have the same meaning as defined in our Terms and Conditions or our general privacy policy.

Information We Collect

We and our Sites collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include:

Publicly available information from government records.
Deidentified or aggregated consumer information.
Information excluded from the CCPA's scope, like:

health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), clinical trial data, or other qualifying research data;
personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

In particular, within the last twelve (12) months we have collected or may in the future collect the following categories of personal information from consumers:

Category	Examples	Collected	Retention Period
Category A. Identifiers.	Examples A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.	Collected YES	Retention Period We keep this information only for so long as we need it to perform a contract or transaction with you or maintain an ongoing customer relationship with you, comply with any legal obligations and/or to bring or defend any legal claims
Category B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	Examples A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	Collected YES	Retention Period We keep this information only for so long as we need it to perform a contract or transaction with you or maintain an ongoing customer relationship with you, comply with any legal obligations and/or to bring or defend any legal claims
Category C. Protected classification characteristics under California or federal law.	Examples Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	Collected NO	Retention Period
Category D. Commercial information.	Examples Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Collected YES	Retention Period We keep this information only for so long as we need it to perform a contract or transaction with you or maintain an ongoing customer relationship with you, comply with any legal obligations and/or to bring or defend any legal claims
Category E. Biometric information.	Examples Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	Collected NO	Retention Period
Category F. Internet or other similar network activity.	Examples Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	Collected We keep this information only for so long as we need it to perform a contract or transaction with you or maintain an ongoing customer relationship with you, comply with any legal obligations and/or to bring or defend any legal claims	Retention Period YES
Category G. Geolocation data.	Examples Physical location or movements.	Collected NO	Retention Period
Category H. Sensory data.	Examples Audio, electronic, visual, thermal, olfactory, or similar information.	Collected NO	Retention Period
Category I. Professional or employment-related information.	Examples Current or past job history or performance evaluations.	Collected NO	Retention Period
Category J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Examples Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	Collected NO	Retention Period
Category K. Inferences drawn from other personal information.	Examples Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	Collected NO	Retention Period
Category L. Sensitive Personal Information.	Examples WORDS	Collected Sensitive personal information” means: (1) personal information that reveals (A) a consumer’s social security, driver’s license, state identification card, or passport number; (B) a consumer’s account log-In, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (C) a consumer’s precise geolocation; (D) a consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership; (E) the contents of a consumer’s mall, email and text messages, unless the business is the intended recipient of the communication; (F) a consumer’s genetic data; and (2)(A) the processing of biometric information for the purpose of uniquely identifying a consumer; (B) personal information collected and analyzed concerning a consumer’s health; or (C) personal information collected and analyzed concerning a consumer’s sex life or sexual orientation.	Retention Period

We and our Site obtain the categories of personal information listed above from the following categories of sources:

Directly from you. For example, from forms you complete or products and services you purchase, or when you register on our site or provide information to us.
Indirectly from you. For example, from observing your actions on our Site.
The sources mentioned in our main generally applicable Privacy Policy.

Use of Personal Information

We may use, share or disclose the personal information we collect for one or more of the following purposes:

To fulfill or meet the reason you provided the information.
To provide, support, personalize, and develop our Site, products, and services.
To create, maintain, customize, and secure your account with us.
To process your requests, purchases, transactions, and payments and prevent transactional fraud.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To personalize your Site experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email (with your consent, where required by law).
To help maintain the safety, security, and integrity of our Site, products and services, databases and other technology assets, and business.
For testing, research, analysis, and product development, including to develop and improve our Site, products, and services.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA or CPRA.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Site users is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months and/or in the future, Company has disclosed or may disclose personal information for a business purpose to the categories of third parties indicated in the chart below.

We do not sell personal information other than using persistent identifiers such as Google Analytics or Facebook Pixel subject to your right to opt-out of those “sales,” as defined by the CCPA. In the preceding twelve (12) months and/or in the future, Company has provided or shared personal information to the categories of third parties indicated in the chart below. For more on your personal information sale rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Personal Information Category	Business Purpose Disclosures	Sales
Personal Information Category A: Identifiers.	Business Purpose Disclosures Manufacturers	Sales None
Personal Information Category B: California Customer Records personal information categories.	Business Purpose Disclosures Manufacturers	Sales None
Personal Information Category C: Protected classification characteristics under California or federal law.	Business Purpose Disclosures None	Sales None
Personal Information Category D: Commercial information.	Business Purpose Disclosures Manufacturers	Sales None
Personal Information Category E: Biometric information.	Business Purpose Disclosures None	Sales None
Personal Information Category F: Internet or other similar network activity.	Business Purpose Disclosures None	Sales Companies that use or enable persistent identifiers such as Google Analytics and Facebook Pixel
Personal Information Category G: Geolocation data.	Business Purpose Disclosures None	Sales None
Personal Information Category H: Sensory data.	Business Purpose Disclosures None	Sales None
Personal Information Category I: Professional or employment-related information.	Business Purpose Disclosures None	Sales None
Personal Information Category J: Non-public education information.	Business Purpose Disclosures None	Sales None
Personal Information Category K: Inferences drawn from other personal information.	Business Purpose Disclosures None	Sales None

Reselling Personal Information

The CCPA prohibits a third party from reselling personal information unless you have received explicit notice and an opportunity to opt-out of further sales. We do not provide personal information to third parties with the intention that they may resell that information. However, we use services such as Facebook Pixel and Google Analytics that access your personal information on our behalf. We do not control what else they may do with your personal information once they have accessed it, but you have the right to opt-out of our use of these persistent identifying technologies with respect to your personal information as set forth above. For more information about Google Analytics and Facebook Pixel and their privacy practices, please visit their respective Privacy Policies.

Your Rights and Choices

The CCPA and/or CPRA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the "right to know"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will disclose to you:

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 or selling that personal information.
The categories of third parties with whom we share that personal information.
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

sales, identifying the personal information categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

The specific pieces of personal information we collected about you (also called a data portability request).
If personal information was shared for cross-context behavioral advertising.

Right to Delete

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 (the "right to delete"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Right to Correct

You have a right to correct data that we hold about you that is inaccurate.

Right to Limit Use of Sensitive Personal Information

You have the right to limit our use of your sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests such goods or services as well as other specified legitimate business purposes. “Sensitive personal information” is defined above. Any of the above information that is already publicly available is not considered to be sensitive personal information.

Exercising Your Rights to Know, Delete or Correct

To exercise your rights to know, correct or delete described above, please submit a request by emailing us at [email protected] or completing and mailing in this form.

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.

You may also make a request to know, correct or delete on behalf of your child by providing proof that you are the child’s parent.

You may only submit a request to know twice within a 12-month period. Your request to know, correct or delete must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include, but is not limited to:

An email request coming from the email address associated with your account
Your name
Your address

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 the personal information relates to you.

You do not need to create an account with us to submit a request to know or delete.

We will only use personal information provided in the request to verify the requestor's identity or authority to make it.

For instructions on exercising your sale, sharing and sensitive personal information use opt-out or opt-in rights, see Personal Information Sales or Sharing Opt-Out and Opt-In Rights and Limitation of Use of Sensitive Personal Information Rights.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact [email protected].

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), 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’s associated email address. If you do not have an account with us, we will deliver our written response electronically to the email address from which you contacted us.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable 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.

Personal Information Sales and Sharing Opt-Out and Opt-In Rights

If you are age 16 or older, you have the right to direct us to not sell or share your personal information or limit the use of your sensitive personal information at any time (the "right to opt-out"). We do not sell or share the personal information of consumers we actually know are less than 16 years old, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 15 years old, or the parent or guardian of a consumer less than 13 years old. Consumers who opt-in to personal information sales or sharing may opt-out of future sales at any time.

To exercise the right to opt-out you (or your authorized representative) may submit a request to us by:

Adjusting your user preferences in your account profile
Emailing us at [email protected]

Once you make a request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales or sharing. However, you may change your mind and opt back in to personal information sales at any time by:

Adjusting your user preferences in your account profile
Emailing us at [email protected]

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Descrimination

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

We currently do not offer any financial incentive programs that can result in different prices, rates, or quality levels in exchange for which we ask you to submit your personal information. However, we may in the future offer you such programs. Any permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected].

Changes to Our Privacy Policy

We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which we collect and use your information described here and in the https://www.heroforge.com/Privacy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at [email protected].

If you need to access this Policy in an alternative format due to having a disability, please contact [email protected].

Hero Forge® GDPR Privacy Policy Addendum