This document sets forth the privacy policy (the “Privacy Policy”) of W4 Games US Inc. and its subsidiaries (such entities collectively, “W4 Games”).  Your privacy is very important to us, and we are committed to protecting it. 

This Privacy Policy should be read together with the W4 Games Recruitment Data Privacy Policy, the W4 Cloud Privacy Policy and the W4 Console Privacy Policy.  Copies of these policies can be obtained on the W4 Games website or from our Data Protection Officer, whose contact information is set forth in Section 18 of this Privacy Policy. 

This Privacy Policy is subject to updating and revision as set forth in Section 14 of this Privacy Policy.  Persons who test, purchase and use our commercial products and services (such products and services collectively, the “Services”) sign contracts with us, including product terms and conditions and pricing documents, that also contain provisions that affect their privacy rights.  These contracts should be read carefully before agreeing to use any of our Services.

W4 Games provides Services to individuals and companies who develop video games with the Godot Engine or otherwise use the Godot Engine for industrial applications. Godot Engine - Free and open source 2D and 3D game engine The Godot Engine has a separate privacy policy which can be found here Privacy Policy - Godot Engine.

You have rights regarding your personal information, a brief summary of which is set forth in Section 2 of this Privacy Policy.  If you have any questions, please contact our Data Protection Officer. 

Each section of our Privacy Policy includes a brief summary of that section of the Privacy Policy.

1. Purpose of the Privacy Policy

The purpose of the Privacy Policy is to set forth, in a clear, concise and transparent manner, information that we collect from you, how we store and process that information and the rights you have with respect to that information. 

We are committed to:

• clearly describing how we collect personal information and what we use that information for;
• collecting personal information for specific, explicit and legitimate purposes;
• collecting personal information that is adequate, relevant and limited to legitimate data use purposes;
• collecting personal information that is accurate and maintaining that data’s accuracy;
• processing personal information in a lawful, fair and transparent manner;
• keeping personal information in a format which permits identification of persons no longer than is reasonably necessary;
• processing personal data in a manner that ensures appropriate security of personal data;
• responding to all requests you make regarding this Privacy Policy and your personal data in a professional manner;
• making special efforts to protect the privacy rights of children and young people; and
• facilitating your ability to understand and exercise your rights.

All of the Services that we provide are governed by this Privacy Policy. If you do not want W4 Games to collect, store, use or share your information in the ways described in this Privacy Policy, or request limitations on how we store or process your information as set forth in this document, we may not be able to provide you with Services or may need to limit the Services that we can provide.     

2. Your Rights

You have rights in connection with the collection, storage, processing and access to your personal information and it is important that you are aware of those rights.  You will not be discriminated against at any time for inquiring about your personal information or exercising your rights.

Rights you have, subject to the terms and conditions of this Privacy Policy and the laws of the jurisdiction where you are located, include:

Right to be Informed About Data That Is Being Collected About You

You have the right to be fully informed about information that is being collected about you regardless of whether that information is being collected directly (i.e., information that you provide directly to us such as by filling out forms on our website,  our CRM Platform (defined below), our W4 Cloud Portal (defined below) or indirectly (such as information about you that you publicly post on a forum).

Right to Access Your Personal Information

You have the right to ask for a copy of all information that we have about you. This can be done though what is called a Data Subject Access Request (“DSAR”).  If you would like to make a DSAR, please contact our Data Protection Officer and you will be provided with a form to assist you in making this request. We will respond to you within one month.

Right to Correct Inaccurate Information

You have the right to add to information that we have about you or change information that is not correct. If you would like to update or change any information that we have about you, please contact our Data Protection Officer and you will be provided with a form to assist you in making this request.  We will respond to your request within one month.

If we have shared your information with any third party, we will make all reasonable efforts to inform that party that you have requested that your personal information be updated or changed.

Right to Have Information About You Erased

Subject to certain limitations, you have the right to request that your information be deleted.  While we may not be able to comply with your request for legal or technical reasons, we will make all reasonable efforts to do so.  If you would like to delete information that we have about you, please contact our Data Protection Officer, who will provide you with a form to assist you in making this request.  We will respond to your request within 30 days.

Right to Restrict Processing of Your Personal Information

Subject to certain limitations, you have the right to restrict further processing of your personal information.  If you would like us to stop processing your personal information, please contact our Data Protection Officer, who will provide you with a form to assist you in making this request. We will respond to your request within 30 days.

Right of Information Portability

Subject to certain limitations, you have the right to ask us to transfer a copy of your information to you or to a new data controller. This applies when you have shared your information with us, the information was collected with your consent or where collecting the information was necessary in connection with an agreement between us.

You can do this by contacting our Data Protection Officer, who will provide you with a form to assist you in making this request. We will review your request and respond to you within one month.

Right to Object to Further Data Processing

Subject to certain limitations, you have the right to object to the way we process your information. If you contact our Data Protection Officer, he can provide you with a form to assist you in making this request. We will respond to your request within one month.

Rights Regarding Automated Decision-Making and Profiling

In certain circumstances, you have the right to ask for an automated decision to be reviewed. If you believe that we have made an automated decision that has adversely affected your rights and you would like to request a human review of that decision, you can contact our Data Protection Officer and he can provide you with a form to assist you in making this request. We will review your request and get back to you within one month.

Additional Information About Your Rights

Users in the EU have rights that are set forth under the General Data Protection Regulation. Detailed information about your rights under the General Data Protection Regulation can be found here EUR-Lex - 32016R0679 - EN - EUR-Lex (europa.eu). 

A general guide to the GDPR can be found here. What is GDPR, the EU’s new data protection law? - GDPR.eu  This link is provided for information purposes only and W4 Games make no representation about the accuracy of the website or information it contains.

3. Privacy Rights of Residents of California

Residents of the State of California have rights under the California Consumer Privacy Act of 2018 (the “CCPA”).

These rights include:

• the right to know about the personal information a business collects about them and how it is used and shared;
• the right to delete certain personal information collected from them (with some exceptions);
• the right to opt out of the sharing of their personal information; and
• the right to non-discrimination for exercising their CCPA rights.

The CCPA was amended to provide new protections to individuals in a law known as the California Privacy Rights Act (“CPRA”).  The CPRA took effect on January 1, 2023.  The CPRA provides additional rights to individuals including:

• the right to correct inaccurate information a business has about them; and
• the right to limit the use and disclosure of sensitive personal information collected about them.

Detailed information about your rights under the California Consumer Privacy Act can be found here Codes Display Text (ca.gov) 

4. Privacy Rights of Residents of Other Jurisdictions

Users from jurisdictions other than the EU and the State of California may have rights under the laws of those jurisdictions.  All users are encouraged to familiarize themselves with those laws and their rights under them.

As privacy laws are often written in technical legal language, we encourage you to speak with legal advisors if necessary to understand this language and the impact it has on your rights and how to exercise them.

5. Collecting Your Personal Information

W4 Games collects information from individuals in different ways, directly and indirectly. Generally, W4 Games collects information from you when you:

• visit our website (W4 Games – Home);      
• visit the platform we use to sell our products and services (the “CRM Platform”);
• visit the GitHub portal for our W4 Cloud product (the “W4 Cloud Portal”);
• contact members of our firm for business purposes through our website, the CRM Platform, the W4 Cloud Portal on the telephone or through e-mail;
• inquire about or use our Services or services and products that we develop from time to time;
• apply for participation in our Early Access Program (which is a program we have to allow people to test versions of products and services that are in development), or W4 Consoles Beta  Program (which is a special program that provides enterprise services for a feature ready version of W4 Consoles)  or other programs where beta versions of our Services are tested; 
• fill out forms regarding our Services that may be on our website, or other separate websites that we may establish from time to time, the CRM Platform or the W4 Cloud Portal;
• access customer relationship platforms that we may establish from time to time;
• participate in giveaways that we may establish, such as providing free passes to industry events where we are present;
• interact with us at industry events, including conferences and expositions; 
• contact W4 Games customer service, request technical support and take part in technical support sessions; 
• interact with us in forums that we may establish that are created for different purposes, including discussing the Services;
• sign up for mailing lists that we may develop to receive newsletters, blogs or other types of notifications;
• submit questions or comments to us or provide feedback about our company or our Services; 
• share or contribute to our social media channels and other community websites; 
• apply for a job; or
• enter into business relationships with us.

We also may collect information about you indirectly.  This means information that you may post publicly on websites, forums or social media sites managed by third parties. 

It is important for users to understand that W4 Games is part of the Godot ecosystem and provides services primarily for video game developers who develop their video games based on the Godot Engine.  A founder of W4 Games is also a founder of Godot and several people who are employed by W4 Games either participate in the governance of the Godot Engine, are members of Godot Stichting, a foundation that channels donations that are made to the Godot Engine,  or work extensively on Godot Engine matters.  

Due to the close relationship between W4 Games and the Godot Engine, we may collect or otherwise receive information about you due to your interaction with the Godot Engine while using our Services.  As part of collecting that information, we fully respect the Godot Engine privacy policy. 

It is noted that different information may be collected from persons who use different Services. For example, the information that is requested from someone who wishes to use our W4 Cloud  is different than the information that is requested from someone who wishes to use W4 Consoles. The information that we collect in connection with these Services and how we protect that information is described in more detail in our W4 Cloud Privacy Policy and our W4 Console Privacy Policy.       

Before a person uses any specific Service, they have the right to request and receive a clear and transparent explanation regarding the information that will be collected from them during the course of using the Service. Terms and conditions related to the use of the Service are set forth in a contract between us and the user of the Service.

6. General Information We Collect

In accordance with privacy protection commitment set forth in Section 1 of this Privacy Policy, W4 Games’ policy is to collect only relevant information limited to the purposes defined hereunder.

The information that we may collect from you during the course of your contacting or interacting with W4 Games includes:

• your first and last name;
• your title and your company’s name;
• information that you include on the contact form of our website which includes a space for you to make general comments;
• information about the size of your company;
• your address;
• your email address;
• your telephone number;
• information that you provide to us when applying for Early Access Programs or our W4 Consoles Beta Program, including GitHub account information;
• credit card information if credit cards are used to make payments for our Services;
• information that you provide when providing feedback regarding our products and services, reporting bugs or seeking or receiving technical support;
• information that you include on any of the forms included in Section 2 of this Privacy Policy; and
• other information that you provide to us.

Persons who request or use our W4 Cloud Service may be requested to provide additional information relevant to this Service, including information about their games and game player profiles and their geographical location.  

Persons who request or use our W4 Console  porting service may be requested to provide additional information relevant to this Service, including information about your game and certification of compliance with console developer requirements to allow the game to be published.  

Users of our console porting service consent to our contacting console manufacturers and inquiring as to whether such user has been certified to be in compliance with all technical and other requirements the console manufacturer may impose on the user from time to time.     

7. Information That We Collect from You from the CRM Platform

We provide Services through a sales channel (the “CRM Platform”) that is part of suite of business products that we license from the company Odoo.  Open Source ERP and CRM | Odoo  Odoo can collect various types of information from people who visit their website, including:

• personal information that is collected by Odoo when you create an account or otherwise use their platform
• company information that is collected by Odoo when you create an account or otherwise use their platform
• sales transaction information
• communication data, such as emails
• information regarding user accounts
• information regarding product preferences; and
• information regarding product preferences.

Odoo has its own privacy policy, a copy of which can be found here Odoo Privacy Policy

We also collect certain information from people who purchase products from us through the Odoo CRM. More information can be found about this on our product-specific privacy policies.  This information includes 

• your name
• your email
• your phone
• your company name
• your TIN/VAT number
• your address, including your country
• information regarding the products and services you purchase

For purchasers of the W4 Consoles, we additional collect information regarding team size and team GitHub IDs.

8. Information That We Collect from You from Our W4 Cloud Portal

We have a GitHub portal for people that use our W4 Cloud product (the “W4 Cloud Portal”).  Detailed information about the information we collect in the W4 Cloud Portal is found in the W4 Cloud Privacy Policy. 

9. Information That We Collect from Users of Our Services

We also collect information from people who use our Services.  The information we collect depends on:

• the type of Service; and
• the Service level.

10. Use of Your Information

We use information we collect from you to run and improve our business.  This use of information may include any of the following:

• confirming your identity;     
• providing the Services;
• improving our Services and developing new products and services;
• evaluating the type of Services that would be best for you;
• monitoring your use of the Services and issues that may arise in connection with that use;
• identifying issues that you may face in connection with using the Services, including bugs or other issues regarding Service functionality;
• providing information that may be required under contracts with third parties;
• identifying and protecting against fraud and criminal behavior;
• collecting statistics that are used for administration, analytics and research;
• complying with regulatory and legal requirements; and
• answering requests from any data protection authorities or law enforcement agencies.

We may also use your information to improve our business relationship and communicate with you.  

This use of information may include any of the following:

• handle your request to join or opt out of our mailing lists, newsletters or blog distributions that we may establish;
• contact you to promote our products and services or advise you of new versions of our products and services; and
• respond to specific requests you make or complaints or issues you raise.

For some of the purposes described above, W4 Games may use and perform analytics and different types of data analysis.  This data analysis may be done internally or with the assistance of third parties. 

11. How We Retain Your Information

W4 Games retains, uses and stores your information as long as you are using our Services, and also for the period necessary to fulfill all the purposes described in this Privacy Policy, in compliance with applicable law. Please note that a longer retention period could be required to resolve disputes or answer regulatory or police requests.  In such case, the collected information will be used and stored until the request is closed.

In the case of our W4 Cloud and W4 Console  Services, the  terms and conditions regarding these Services are governed by separate contracts.  

12.  How We Share Your Information

With W4 Games Entities

W4 Games is comprised of entities that are located in the United States and Ireland.       

In order to provide the Services, your personal information may be shared with or transferred to other W4 Games entities (please refer to "International operations and transfers of your information").

With the Godot Ecosystem

Certain information about you may be shared with the Godot Engine in order to provide the Services.

With Third Parties

We may contract with third parties to help us run and improve our business.  This may include persons or companies that promote our business, persons who work on specific Services or external advisors, such as lawyers, tax advisors and accountants. We will only provide information to such parties that is necessary for them to carry out their work. 

If you decide, while using our Services, to use social sharing features such as “Share” or “Like” on third-party social network sites, this may allow the sharing and collection of personal and non-personal information both to and from such third-party social networks.

For users of our console port service, we may check with console manufacturers to ensure that your game has been certified as compliant with all relevant console manufacturer requirements.

You should visit the policies of such third parties for more information about their information collection practices.

With Authorities

We reserve the right to report to law enforcement agency activities that we, in good faith, believe to be illegal. We will investigate or take action to counter illegal activity, suspected abuse or unauthorized use of the Services, or to protect the property or safety of others. We will also disclose your information if required by law to do so.

Investment in W4 Games

In connection with any investment in W4 Games, investors may request and we may provide information that you have disclosed to us or that we have obtained.   Prior to disclosing your information as part of an investment transaction, we will procure that the investor signs a confidentiality agreement.

13.  International Operations and Transfers of Your Information

W4 Games is headquartered in the United States  and has subsidiaries in  Ireland.   As part of our business, we may transfer personal information to our affiliates (which means subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership of W4 Games) from time to time for our legitimate business purposes.

This information may be transferred to:

• analyze data about you for business purposes;
• prepare contracts related to our Services;
• carry out our Services; and
• conduct analysis about the performance of our business.

Privacy laws are different in different countries. We have taken and will continue to take measures to ensure that your personal information is treated securely and lawfully, and that it will receive an adequate level of protection in the jurisdictions in which we process it.  Further, it should be noted that all entities in the W4 Games group, regardless of where they are located and the privacy laws that apply to them, are committed to following and at all times will follow the commitments and terms of this Privacy Policy.

14.  Security and Confidentiality of Your Personal Information

We use a broad approach to safeguard your personal information.  This approach consists of:

• having clear policies and procedures regarding how your information is collected and stored;
• continually testing the integrity of the systems where your personal information is stored;
• ensuring that all of our business partners are aware of and agree to follow the terms of this Privacy Policy;
• establishing a specific area of the firm, including the firm Data Protection Officer and the firm General Counsel who are responsible for overseeing data protection issues, monitoring the implementation of the Privacy Policy and recommending improvements to it; and
• supporting firm-wide education so that all people are aware of the privacy protection issues and the importance of protecting personal information.

Data Protection

We have implemented security measures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the personal information collected through the Services.  We also continually back up information and check for breaches of our data protection security system.

We implement special data protections regarding our Services.  Certain special protections we take regarding our W4 Cloud service are set forth in our contracts for the Services. 

Specific Data Protection Measures

With regard to information that is collected on our W4 Cloud Portal, a description of how we safeguard this information is set forth in our W4 Cloud Privacy Policy.  

Work with Third Parties 

We may work with third parties from time to time to provide our Service or otherwise run our business. Work with third parties may involve personal data being transferred to them over the Internet.  It should be noted, however, that no transmission of data over the Internet or any wireless network is 100% secure. As a result, while we strive to protect your information, we cannot guarantee the security of your information and do not assume any responsibility for the unauthorized use of, or access to, your information that is under our control. 

If you become aware that any party has access to your information and you believe that they have access to that information from us, please notify us right away.

Breaches of Data Protection Security

While we take reasonable precautions to safeguard your information, breaches can occur. In the event of a breach of security involving your personal information, we will inform you immediately and take commercially reasonable steps to rectify such breach.

If you believe your personal information is being improperly used by us or any third party, please immediately notify us via email at privacy@w4games.com

15.  Protecting the Rights of Children

Many children around the world have access to the Internet and play video games.  While our business is primarily dedicated to developing products and services to support video game developers, the video games that they develop may be shared with or sent to children.  

While accessing the Internet, children may be requested to provide personal information about themselves which can place them at risk.  Children may not fully appreciate these risks or understand their rights.  Further, children may be contacted by persons or companies fraudulently claiming to offer them the opportunity to play video games.

Parent Oversight

Because of this, we have a special commitment to protecting the rights of children. We consider a user to be a child if they are under the age of 13, unless more stringent regulation applies in their country of residence.

As a first step, we encourage parents and guardians to teach their children about privacy and how their information may be used on the Internet. Children should never disclose their name, address or phone number, or any personal information, without their parents’ or guardian's prior permission.

Parents should also remain aware of information that is being requested from their children.  If parents have any questions regarding our Services, the video games that video game developers use in connection with our Services, or suspect that information that their children have been requested to provide is being wrongfully requested or used, you should contact us immediately.

Response in the Event of Use by Children Below Minimum Legal Age

If we come to learn or believe that any of our Services are directed at users under the minimum legal age required in their country of residence, we can terminate the use of such Services. 

No personal information should be submitted to W4 Games by users under the minimum legal age required in their country or state of residence. 

Game Testing

Children can be invited to take part in testing games that we may develop from time to time with their parents' or guardians’ authorization and/or their parents' or guardians’ physical presence being required depending on the jurisdiction where game testing is conducted.

16. Job Applicants

If you apply for a job with us, you will ordinarily be required to submit information, including your name, telephone number, email address and education history. We also may collect information about your employment history and experience in the process of considering your application for employment or interviewing you for a position. The collection of this information is  governed by our Recruitment Data Privacy Policy which can be viewed here:  Recruitment Data Privacy Policy (w4games.com) 

17.  Third-Party Services

The Services may link to external sites or involve services provided by third parties, including data storage providers, that are beyond our control. This Privacy Policy only covers the way we treat personal information and non-personal information we collect regarding the products and services that we provide. 

By using any Services that involve third-party sites or service providers, you agree to the privacy policies of those sites. External sites may have different policies with respect to the collection, use and disclosure of your personal information. We have no control over, and are not responsible for, the privacy practices of such third parties.

You are encouraged to review the privacy policies of all third-party services. Without limiting anything in the following section, we are not liable in any way for the actions, inactions or policies of any external services or third parties that are involved in the provision of the Services.

18. Use of Cookies

W4 Games’ online services automatically capture IP addresses. We use or may use in the future IP addresses to help diagnose problems with our servers, to administer our website, and to help ensure the security of your interaction with our services.

As part of offering and providing customizable and personalized services, W4 Games uses or may use in the future cookies to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer's hard drive. All sections of W4 Games where you are prompted to log in or that are customizable require your browser to accept cookies.

Generally, we use or may use in the future cookies to remind us of who you are and to access your account information (stored on our computers) in order to provide a better and more personalized service. This cookie is set when you register or "sign in" and is modified when you "sign out" of our services.

If you do not want your personal information to be stored by cookies, you can configure your browser so that it always rejects these cookies or asks you each time if you accept them or not. However, you must understand that the use of cookies may be necessary to provide certain services, and choosing to reject cookies will reduce the performance and functionality of the site. Your browser documentation includes instructions explaining how to enable, disable or delete cookies at the browser level (usually located in the “Help”, “Tools” or “Edit” facility).

There are cookies on our CRM Platform.  A copy of the CRM’s policy regarding cookies is found here Odoo Privacy Policy.

19. Changes to Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. In the event that we make material changes to this Privacy Policy, they will be re-posted in the "Privacy" section of our website with the date the modifications were made indicated at the top of the page.   When we make a material change to the Privacy Policy, we will post notice of the change on our website.

Therefore, please check our website and review this Privacy Policy from time to time so that you are aware when any changes are made to it. Your continued use of the Services after such change(s) constitutes your acceptance of any such change(s), and if you do not accept any changes, you may choose not to use the Services or opt out by sending us appropriate notice. If you would like further information about any recent changes made, please send your request to privacy@w4games.com  include “Information about Changes” in the subject line.

 20.  Legal Disclaimer

Our Services are provided as is, and we do not represent or warrant that our Services will be available at all times, or that your use of the Services will be uninterrupted or error-free. We are not responsible for your ability to access the Services or matters beyond our control. This Privacy Policy is governed by the laws of your country of residence. Any dispute arising from the use of the Services shall be submitted to the competent courts of your country of residence for resolution.

As part of the W4 Cloud Service, we may work with third-party game developers who may, from time to time, collect personal information from the people who play their games.  We cannot be held responsible for leaks of personal information due to breaches by third-party game developers or other third parties.  You should carefully review the protections provided by third-party developers to protect your personal information. More information about this is contained in our W4 Cloud Privacy Policy.

As part of our W4 Console Service, console manufacturers may collect certain information about you.  We are not responsible for any disclosure of your information by third-party console manufacturers.  For people who use the console porting service, they are encouraged to carefully review the privacy policies of those console manufacturers. More information about this is contained in our W4 Cloud Privacy Policy.

21.  How to Contact Us

If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please contact us by sending an email to our Data Protection Officer at privacy@w4games.com.