Privacy Policy

Effective March 18th, 2021

Shadow Foundry, Inc. is a technology venture company. Our products and services — including Nightshade, Belladonna, Bloodroot, advertising, and others that link to this Privacy Policy — provide fun and interesting ways to learn about the world, and enhance enjoyment of popular devices.

When you use these products and services, you’ll share some information with us. So we want to be upfront about the information we collect, how we use it, whom we share it with, and the controls we give you to access, update, and delete your information. You should read our entire Privacy Policy before using any of our products or services.

WHO WE ARE Our website address is: https://shadowfoundry.ai.

CALIFORNIA PRIVACY RIGHTS California consumers have a right to knowledge, access, and deletion of their personal information under the California Consumer Privacy Act. California consumers also have a right to opt out of the sale of their personal information by a business and a right not to be discriminated against for exercising one of their California privacy rights.

Shadow Foundry does not sell the personal information of consumers and does not discriminate in response to privacy rights requests.

Shadow Foundry provides notice of our privacy practices in this Privacy Policy. The Privacy Policy includes what personal information is collected, the source of the personal information, and the purposes of use, as well as whether Shadow Foundry discloses that personal information and, if so, the categories of third parties to whom it is disclosed. More information about how Shadow Foundry handles personal information in connection with specific Shadow Foundry services is presented in service-specific notices at or before your first use of the service.

California consumers with a Shadow Foundry account can exercise their rights through an authorized agent by contacting them directly. If you are a California consumer without an Shadow Foundry account and you would like to exercise your privacy rights, requests may be made by calling [phone]. If you do not have an Shadow Foundry account, Shadow Foundry will ask you for information which we consider necessary to verify your identity for security and to prevent fraud. This information may include name, contact information, and information related to your transaction or relationship with Shadow Foundry, but the specific information requested may differ depending on the circumstances of your request for your security and to protect privacy rights. If we delete your personal information, we will both render certain personal information about you permanently unrecoverable and also de-identify certain personal information.

Do Not Track Shadow Foundry does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. Third parties that have content embedded on Shadow Foundry’s websites such as a social feature or a web contact form may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited a specific Shadow Foundry website from a certain IP address. Third parties cannot collect any other personally identifiable information from Shadow Foundry’s websites unless you provide it to them directly.

Notice for Minors Shadow Foundry offers or utilizes interactive services which allow you to post content to share publicly or with friends. At any time you can delete or remove content you have posted using the deletion or removal options within our services. Although we offer deletion capability for our services, you should be aware that the removal of content may not ensure complete or comprehensive removal of that content or information posted through the services.

Collection and Use of Personal Information Personal information is data that can be used to identify or contact a single person.

You may be asked to provide your personal information anytime you are in contact with Shadow Foundry or a Shadow Foundry affiliated company or entity. Shadow Foundry and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising. You are not required to provide the personal information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our products or services or respond to any queries you may have.

Here are some examples of the types of personal information Shadow Foundry may collect and how we may use it:

• When you fill out a Shadow Foundry contact form, purchase a product, download a software update, register for a class at a Shadow Foundry event, connect to our services, contact us including by social media, or participate in an online survey, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, device identifiers, IP address, location information, credit card information and profile information where the contact is via social media.

• When you share your content with family and friends using Shadow Foundry products or services, send gift certificates and products, or invite others to participate in Shadow Foundry services or forums, Shadow Foundry may collect the information you provide about those people such as name, mailing address, email address, and phone number. Shadow Foundry will use such information to fulfill your requests, provide the relevant product or service, or for anti-fraud purposes.

• In certain jurisdictions, we may ask for a government issued ID in limited circumstances including when setting up an account and activating your device, for the purpose of permissioning a software application, extending commercial credit, or as required by law.

Correspondence with Shadow Foundry; Business Plans; Confidentiality Absent a written non-disclosure and confidentiality agreement (“NDA”), Shadow Foundry accepts no obligations of confidentiality with regard to any materials submitted to it, either through the Site, via e-mail or otherwise (including any unsolicited business plans and slide decks). Therefore, you are advised that, unless we have signed an NDA, Shadow Foundry will consider any information that you provide to us to be non-confidential and non-proprietary, and will have no fiduciary or other duties to you with respect to such information.

How we use your personal information We may process your personal information: for the purposes described in this Privacy Policy, with your consent, for compliance with a legal obligation to which Shadow Foundry is subject, for the performance of a contract to which you are party, in order to protect your vital interests, or when we have assessed it is necessary for the purposes of the legitimate interests pursued by Shadow Foundry or a third party to whom it may be necessary to disclose information. If you have questions about this legal basis you can contact Shadow Foundry's Data Protection Officer.

• The personal information we collect allows us to keep you posted on Shadow Foundry’s latest service announcements, software updates, and upcoming events. If you don’t want to be on our mailing list, you can opt-out anytime.

• We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes. We may also use your personal information for account and network security purposes, including in order to protect our services for the benefit of all our users, and pre-screening or scanning uploaded content for potentially illegal content, including child sexual exploitation material. Where we use your information for anti-fraud purposes it arises from the conduct of an online transaction with us. We limit our uses of data for anti-fraud purposes to those which are strictly necessary and within our assessed legitimate interests to protect our customers and our services. For certain online transactions we may also validate the information provided by you with publicly accessible sources.

• We may use your personal information, including date of birth, to verify identity, assist with identification of users, and to determine appropriate services. For example, we may use date of birth to determine the age of Shadow Foundry account holders.

• From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with Shadow Foundry, you may not opt out of receiving these communications.

• We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Shadow Foundry’s products, services, and customer communications.

• If you enter into a sweepstakes, contest, or similar promotion we may use the information you provide to administer those programs.

• If you apply for a position at Shadow Foundry or we receive your information in connection with a potential role at Shadow Foundry, we may use your information to evaluate your candidacy and to contact you. If you are a candidate, you will receive more information about how Shadow Foundry handles candidate personal information at the time of application.

Source of your personal information where they are not collected from you We may have received your personal information from other persons if that person has shared their content with you using Shadow Foundry products or services, or invited you to participate in Shadow Foundry services or forums. We may also validate the information provided by you when creating a Shadow Foundry account with a third party for security and fraud prevention purposes.

If you are a potential candidate for employment with Shadow Foundry, we may have received your personal information from third parties such as recruiters or external websites. We will use the personal information we receive to contact you about a potential opportunity or in evaluating your candidacy. If you did not provide us your personal information directly, we will inform you of the source when we first contact you regarding your candidacy. For research and development purposes, we may use datasets such as those that contain images, voices or other data that could be associated with an identifiable person. When acquiring such datasets, we do so in accordance with applicable law in the jurisdiction in which the dataset is hosted. When using such datasets for research and development, we do not attempt to re-identify individuals who may appear therein.

Collection and Use of Non-Personal Information We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

• We may collect information such as occupation, language, zip code, area code, unique device identifier, referrer URL, location, and the time zone where a Shadow Foundry product or service is used so that we can better understand customer behavior and improve our products, services, and advertising.

• We may collect information regarding customer activities on our website, social media, and from our other products and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest. Aggregated data is considered non-personal information for the purposes of this Privacy Policy.

• We may collect and store details of how you use our services, including search queries. This information may be used to improve the relevancy of results provided by our services. Except in limited instances to ensure quality of our services over the Internet, such information will not be associated with your IP address.

• With your explicit consent, we may collect data about how you use your device and applications in order to help our app developers improve their apps.

  If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

Cookies and Other Technologies Shadow Foundry’s Sites, online services, interactive applications, email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our Sites people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

Shadow Foundry also uses cookies and other technologies to remember personal information when you use our website, online services, and applications. Our goal in these cases is to make your experience with Shadow Foundry more convenient and personal. For example, knowing your first name lets us welcome you the next time you visit the Shadow Foundry Site. Knowing your country and language − and if you are an educator, your school − helps us provide a customized and more useful experience. And knowing your contact information, hardware identifiers, and information about your computer or device helps us personalize your operating system, and provide you with better customer service.

If you want to disable cookies and you’re using the Safari web browser, go to Safari preferences and then to the privacy panel to manage your preferences. On an Apple mobile device, go to Settings, then Safari, scroll down to the Privacy & Security section, and tap on “Block Cookies” to manage your preferences. For other browsers, check with your provider to find out how to disable cookies. Please note that certain features of the Shadow Foundry Site may not be available once cookies are disabled.

As is true of most internet services, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data. We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base as a whole. Shadow Foundry may use this information in our marketing, business, and advertising services.

In some of our email messages, we use a “click-through URL” linked to content on the Shadow Foundry website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.

Disclosure to Third Parties At times Shadow Foundry may provide third parties with certain personal information to provide or improve our products and services, including to deliver products at your request. When we do, we require those third parties to handle it in accordance with relevant laws. Shadow Foundry does not sell personal information, and personal information will never be shared with third parties for their marketing purposes.

Service Providers Shadow Foundry shares personal information with companies who provide services such as information processing, software delivery, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever Shadow Foundry operates.

Others It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for Shadow Foundry to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. We may also disclose information about you, but only where there is a lawful basis for doing so, if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. This could include providing information to public or governmental authorities. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

Protection of Personal Information Shadow Foundry takes the security of your personal information very seriously. Shadow Foundry online services such as the Shadow Foundry Site protect your personal information during transit using encryption. When your personal data is stored by Shadow Foundry, we use computer systems with limited access. With the exception of e-mail, data is stored in encrypted form including when we utilize third-party storage.

When you use some Shadow Foundry products, services, or applications or post on a Shadow Foundry forum, chat room, or social networking service, the personal information and content you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to share or submit in these instances. For example, if you list your name and e-mail address in a forum posting, that information is public. Please take care when using these features.

The Existence of Automated Decision-Making, Including Profiling Shadow Foundry does not take any decisions involving the use of algorithms or profiling that significantly affect you.

Integrity and Retention of Personal Information Shadow Foundry makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy and our service specific privacy summaries. When assessing these periods we carefully examine our need to collect personal information at all and if we establish a relevant need we only retain it for the shortest possible period to realize the purpose of collection unless a longer retention period is required by law.

Your Privacy Rights For your personal information we hold, we will provide you with access (including a copy) for any purpose including to request that we correct the data if it is inaccurate, or delete the data if Shadow Foundry is not required to retain it by law or for legitimate business purposes.

We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. We may also decline aspects of deletion or access requests if we believe doing so would undermine our legitimate use of data for anti-fraud and security purposes as described earlier. Online tools for the exercise of access, deactivation/restriction, correction, or deletion requests. When you make a request using any online tool or system, we will verify your identity and the legitimacy of your request.

California The California Consumer Privacy Act provides California consumers with the right to obtain from Shadow Foundry information about the personal information about you that we collect, use, and disclose. You can exercise your rights by providing relevant details to allow direct messaging to us. If you cannot access Shadow Foundry’s legal email service, you or your agent can make a request by calling [phone].

If you choose to exercise your privacy rights, you have the right to not to receive discriminatory treatment or a lesser degree of service from Shadow Foundry.

Nevada You have the right to opt-out of the sale of your personal information. Shadow Foundry does not sell your personal information.

Children & Education We understand the importance of taking extra precautions to protect the privacy and safety of children using Shadow Foundry products and services. Children under the age of 13, or equivalent minimum age in the relevant jurisdiction, are not permitted to create their own Shadow Foundry accounts, unless their parent provided verifiable consent. In addition, schools that participate in Shadow Foundry programs may create Managed Shadow Foundry accounts for students. If we learn that we have collected the personal information of a child under 13, or equivalent minimum age depending on jurisdiction, outside the above circumstances we will take steps to delete the information as soon as possible.

Location-Based Services Shadow Foundry and our partners and licensees, such as maps data providers, may collect, use, and share precise location data, including the real-time geographic location of your computer or device. Where available, location-based services may use GPS, Bluetooth, and your IP Address, along with crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine your devices’ approximate location. Unless you provide consent, this location data is collected anonymously in a form that does not personally identify you and is used by Shadow Foundry and our partners and licensees to provide and improve location-based products and services. For example, your device may share its geographic location with application providers when you opt in to their location services.

Third-Party Sites and Services Shadow Foundry websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties − for example, a third-party software application.

Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.

International Transfers

All the information you provide may be transferred or accessed by entities around the world as described in this Privacy Policy. Shadow Foundry, as a global company, has a number of legal entities in different jurisdictions which are responsible for the personal information which they collect and which is processed on their behalf by Shadow Foundry, Inc. For example, point of sale information in affiliated Retail entities outside the U.S. is controlled by our individual Retail entities in each country. Shadow Foundry website-related personal information may also be controlled by legal entities outside the U.S. as reflected in the terms of each service.

Our Company-wide Commitment to Your Privacy To make sure your personal information is secure, we communicate our privacy and security guidelines to Shadow Foundry employees and strictly enforce privacy safeguards within the company.

Privacy Questions If you have any questions or concerns about Shadow Foundry’s Privacy Policy or data processing, and you would like to contact our Data Protection Officer, or if you would like to make a complaint about a possible breach of local privacy laws, please contact us at [phone].

When a privacy question or question about personal information received in response to an access/download request is received we have a dedicated team which triages your contact to address your issue. Where your issue may be more substantive in nature, we may request more information from you. All such substantive contacts receive a response within ten (10), days wherever possible – providing a response on the issue raised, requesting additional information where necessary or indicating that a response will require additional time. You may at any time refer your complaint to the relevant regulator in your jurisdiction if you are unsatisfied with a reply received from us. If you ask us, we will endeavor to provide you with information about relevant complaint avenues which may be applicable to your circumstances.

Where your complaint indicates an improvement could be made in our handling of privacy issues we will take steps to make such an update at the next reasonable opportunity. In the event that a privacy issue has resulted in a negative impact on you or another person we will take steps to address that with you or that other person.

Shadow Foundry may update its Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our Site along with the updated Privacy Policy. We will also contact you via your contact information on file, for example by email, notification or some other equivalent method.

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