WhaleFood Software LLC, d/b/a/ WhaleFood Games (“we,” “us,” or “our”), respects your privacy rights and is committed to being transparent with our use of your information. If you are a resident or access our Services from within the European Economic Area (“EEA”), we apply the privacy protection to your information required by the General Data Protection Regulation.
Our newsletter at (the “Newsletter”)
Our website at (the “Website”)
Our games (“Game” or “Games”)
We protect and grant you your rights regarding information that can identify you as an individual (for example your name, age, gender, online user name, or your political opinion or religious belief) as well as information that can only personally identify you together with other information that we collect from you (for example your IP address, your activity with our Services, hardware device ID, or your browser type) (“Personal Information”).
Some of your information may be collected, stored, used, disclosed, or shared, anonymized by isolating the information from any personal identifiers and thereby cannot be used by us, or third parties that we share such information with, to identify you.
We may store some of your information via local storage (e.g., Cookies) temporarily or permanently on your internet-enabled device, which allows us to retrieve information on your device about your use of the Services (e.g. which language you prefer or your login username).
What We Collect and How We Use It
General Use Policy. We may use your information to provide, administer, maintain, and improve our Services; personalize your experience of the Services; analyze user activity of our Services; provide you with support regarding our Services; engage in advertising activity; to enforce our rights and the rights of other users of the Services, and to comply with our legal obligations; or to prevent imminent and serious bodily harm to a person.
Information You Provide Us With
Our Newsletter. We collect the following Personal Information when you subscribe to our Newsletter to contact you at your email address and update you about our Services:
Our Games. We collect the following Personal Information when you purchase and play our Game to fulfill the promises we made when you bought the Game: we collect crash reports and error logs, to improve our Games. When you send us these, the files report and log files may contain the following information:
Type of Error
State of game
State of game objects
Game object state - id, velocity, position, inventory, etc.
State of game just before the error
State of game just after the error
Reaching Out To Us. We collect information from you when you send us or one of our representatives an email or otherwise correspond with us directly (for example your name, email address, or statements that you make). We store this information, including Personal Information, for purposes of reacting to your request and providing you with the necessary support regarding our Services. We will not collect information if your communication with us does not relate to our Services or future services.
Information We Collect Automatically
Automatic Collection. We make use of various third party analytic and reporting technologies and partner with third parties to record information automatically when you use our Service. Currently, we employ the following third-party services, each of which collects data in accordance with their respective privacy policies:
Accessing our Website. When you access our Website we automatically collect the following information to help manage, monitor and improve our Website, to provide you with support when you encounter problems using our Website, and to monitor and improve the marketing of our Website:
hardware and software devices and IDs, click patterns, retention time
Your basic computer information (such as the operating system you are using and your driver information) in anonymized form
Use activity of our Service (for example your click patterns or time of access) in anonymized form
Cookies and Local Storage. For our Website to work properly, our Website uses local storage (“Cookies”). By default, we use several persistent Cookies (permanent or stored) as well as session Cookies (transient cookies erased each session). Cookies are used for purposes of authentication, security, preferences, (e.g., regarding default language and settings), connection stability (e.g., for uploading media, using e-Commerce features, etc.), monitoring performance of our services and marketing campaigns, and generally providing and improving our Services. You can review the list of Cookies at https://support.wix.com/en/article/cookies-and-your-wix-site.
How We Share Your Information With Third Parties
We may transfer Personal Information for processing in countries in which the privacy laws may not be as comprehensive as those in the country where you reside or are a citizen. If you have accessed our Service from within the EEA, additional rules apply to the transfer of your Personal Information (see below).
Sharing of Forum Content and Game Chat Logs. When you submit content (such as a post or comment) to the Forum or through the Game chat feature, any visitors to and users of our Services will be able to see that content, the username associated with the content, and the date and time you originally submitted the content. We may allow other websites to embed public Forum content via our embed tools. We may also allow third parties to access public Forum content.
Third-Party Service Providers. We contract with third parties who help us with our Services. Currently, the third parties are:
Google Analytics to operate automatic collection during your use of our Website
MailChimp to operate the Newsletter
Steam and other third-party digital platforms for the Games to run. However, we do not collect any information through your use of third-party platforms for playing the Games
Gmail to store information that you send to us directly by email
How We Protect Your Personal Information
We take reasonable measures to protect the confidentiality, security, and integrity of your information. We have implemented physical, electronic, and managerial procedures to help safeguard and prevent unauthorized access, use, alteration, modification, and/or disclosure of your information by which you can be identified.
We cannot ensure or warrant perfect security. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorized third-party access or other acts of third parties, or acts or omissions beyond our reasonable control.
Our Policy on Information from Children
Under Thirteen. Our Services are intended for users ages 13 and older only. Accordingly, we will not knowingly collect or use any Personal Information from children that we know to be under the age of 13. In addition, we will delete any information in our possession that we discover originates from a child under the age of 13.
Parental Controls. If you believe that your child’s Personal Information was mistakenly collected through our services, please contact us immediately at and we will work with you to determine if this is the case and remove such information if necessary.
Your Options On How We Treat Your Personal Information
Personal Information. You may review, update, change, or delete the information that can be used to personally identify you, by requesting that we cancel your access to our Services (for example, delete your Forum or Game Account or cancel your Crowdfunding participation) at .
Cookies And Local Storage. You may delete local storage or cease our placement and use of local storage by setting your browser or internet-abled device to disable local storage. Please be aware that local storage is important for your access to our Services and if you disable local storage, your access to our Service may be restricted or impossible.
Opting-Out. You may opt-out of having your Personal Information used for certain purposes. If you no longer wish to receive our newsletters and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at .
California Privacy Rights. California Civil Code section 1798.83 permits customers who are California residents to request certain information regarding disclosure within the immediately preceding calendar year of that resident's Personal Information to third parties and in some cases affiliates for their direct marketing purposes. To make such a request, contact us through the information provided below. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through the email address. For your protection, you will be required to provide proof of your identity to obtain a copy of your Personal Information.
Rules When You Access the Service from Within the EEA
If you access our Service from within an EEA Member State, the following privacy rules apply to you.
The Purposes For Which We Collect Information From You. We only process your Personal Information if we have a lawful purpose pursuant to Article 6(1) GDPR. The following lawful purposes apply to such information that we collect from you:
Necessary Collection To Perform Services (Article 6(1)(b) GDPR). We need the Personal Information that we collect for our Games and Website to fulfill our obligations and perform the services that you and we agreed upon for our Games and Website.
Consent-Based Collection (Article 6(1)(a) GDPR). We collect your Personal Information for the Newsletter because you gave us your explicit consent to use this information when you signed up for the Newsletter. You may withdraw this consent, and we will cease to use your Personal Information for this purpose, by your request to .
Other Purposes. We may process your information when we are legally obliged to under GDPR Article 6(1)(c) (for example for tax purposes), it is necessary to protect the vital interests of you or someone else under GDPR Article 6(1)(d), it is necessary in the public interest under GDPR(6)(e), or for security reasons, to better understand your and others interest and preferences for our Services and improve our Services, for internal purposes (for example for auditing), and to secure and enforce our rights under GDPR Article 6(1)(f).
Your Data Rights. You have the right to correct, update and change (if the information we process is incorrect), or delete Personal Information or demand from us to release such information, as well as restrict how we use or entirely end the use of such information, by sending an email to . Your rights, however, may be limited, for example, we will keep Personal Information if, at the time or in the foreseeable future, it is necessary for us to establish, exercise, or defend against a legal claim.
Withdrawing Consent. If we have received your information from you because of your explicit consent, you can withdraw this consent at any time by sending an email to .
Transferring and Sharing Data. We will never transfer your Personal Information to a third-party or a successor of ours that resides in a country that does not adhere to or cannot guarantee the same privacy protection standards as provided by the GDPR. Currently, we share your Personal Information with the following parties outside of the EEA, all of which protect your rights pursuant to the GDPR:
We share your email address with The Rocket Science Group LLC d/b/a MailChimp (“MailChimp”) for purposes of distributing emails to you through our Services. MailChimp is located in the US and applies the safeguards pursuant to the EU-US Privacy Shield. You can view MailChimp’s privacy protection standards at https://mailchimp.com/legal/privacy /
We share the Personal Information that we collect automatically through your use of Service with Google LLC for purposes of helping to optimize our Service, to provide you with support when you encounter problems using our Service, or to establish the marketing performance of our Websites. Google LLC is located in the US and applies the safeguards pursuant to the EU-US Privacy Shield. You can view Google LLC privacy protection standards for Google Analytics at 6004245?hl=en.
Parental Control. Children Under Sixteen. We do not acquire Personal Information based on consent from children under the age of sixteen. If you believe that your child’s Personal Information was mistakenly collected through our Service, please contact us immediately at and we will work with you to determine if this is the case and grant you the rights under this Section.