BRAIN JAR GAMES, INC.
Dead As Disco

PRIVACY POLICY

Last Updated: May 4th, 2026

Welcome to Dead As Disco, developed and published by Brain Jar Games, Inc. (“Company,” “we,” “us,” or “our”)! This privacy policy applies to our website (brainjar.games) (the “Site”) and our video game titled “Dead As Disco” (the “Game”). Through the Site, we provide sales and marketing information about our company and games (such information, together with the Site and the Game, the “Services”).

This Privacy Policy explains what Personal Data (defined below) we collect in connection with the Services, how we use and share that data, and your choices concerning our data practices. This policy applies only to information we collect via the Services and in email, text, and other electronic communications sent through or in connection with the Services.

This policy DOES NOT apply to information that you provide to or that is collected by any third party, or which is collected outside of the Services.

Before using the Services or submitting any Personal Data to Company, please review this Privacy Policy carefully and contact us (privacy@brainjar.games) if you have any questions. By using the Services, you agree to the practices described in this Privacy Policy.

If you do not agree to this Privacy Policy, please do not access the Site, the Game or otherwise use the Services.

1. DATA CONTROLLER

Brain Jar Games, Inc. will be the entity responsible for your data. To ask questions or comment about this privacy policy and our privacy practices, you can contact us at:

Email:
privacy@brainjar.games

Postal Address:
Brain Jar Games, Inc.
145 Lisbon Street
San Francisco, CA 94112

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2.     CHILDREN

Our Services are not directed to children. We do not knowingly collect Personal Data from children under the age of 13. If we learn we have collected or received Personal Data from a child under 13 without verification of parental consent, we will delete that information. If you have reason to believe that a child under the age of 13 has provided Personal Data to Company through the Services without your consent please contact us here and we will endeavor to delete that information from our databases. This is in compliance with the Children’s Online Privacy Protection Act.

3.     PERSONAL DATA WE COLLECT

We collect information that alone or in combination with other information in our possession could be used to identify you (“Personal Data”) as follows:

Personal Data You Provide. We collect the Personal Data that you choose to provide us. For example, if you send us an email, we will collect your email address, and any information that you include in your communications to us.

If you sign up for our newsletter through a link on our Site, the link will direct you to our third-party newsletter service, MailerLite, who will collect the email address that you provide in order to send you our newsletter. We will not receive or retain this information, and the information you provide will be governed by their privacy policy.

If you participate in a playtest of our games you will need to create an account with our playtest provider Firstlook.gg and they will process the information that you provide them for the purpose of administering the playtest of the game.

If you fill out one of our forms or surveys, we will receive and process the information that you provide.

Automatically Collected Information. When you visit, use, and interact with the Services, we may receive certain information about you, your visit, use, or interactions from third parties. For example, our analytics partners will collect certain analytics information from you including information about your device and the software and hardware you use in connection with the Game such as your operating system, a randomly generated device id, your device manufacturer, model and hardware information (memory, CPU, GPU related information, and system information). Also collected are your IP address and coarse location information, platform id, country code, session id, crash data, logs, performance data such as launch time, hang rate and energy use, and other usage data such as your activity in the Game, the levels you achieve, where you die within the Game and the resources that you access and use within the Game.

Third-Party Information Collection Through the Services: Some features of the Services are served by third parties (“Third-Party Services”). When you use the Services, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties include: the gaming platform you use in connection with our Game, our playtest providers, survey/form providers, analytics providers, email marketing provider, our error reporting providers and ad partners, including the following:

• Firstlook.gg – playtesting partner
• Mailerlite – newsletter partner
• Google Forms – survey partner
• Game Analytics – analytics partner
• Google Analytics – analytics partner
• Sentry – crash and error reporting partner
• Brain Cloud – leaderboards partner
• Steam – game platform
• Epic Games – game platform
• Fourth Floor Creative – ad partner

These Third-Party Services process your information for the purpose of providing the relevant services which are incorporated into our Services.

The Personal Data that we receive from Third-Party Services is covered by this privacy policy, while their processing of your information is covered by their respective privacy policies.

The above links to third-party websites and privacy policies are provided for your convenience and may be changed from time to time by the relevant third parties. We make no representations or warranties as to their accuracy. 

Social Media Accounts: We also have accounts and servers on social media platforms like Discord (“Social Media Accounts”). The collection of information on the Social Media Accounts is governed by the privacy policy of the applicable platform. When you interact with our Social Media Accounts, we may also collect Personal Data that you elect to provide to us, such as your contact details. In addition, the companies that host our Social Media Accounts may provide us with aggregate information and analytics regarding the use of our Social Media Accounts.

Links to Other Websites: The Services (including this privacy policy) may contain links to other websites not operated or controlled by us, including social media services (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their

privacy practices and policies.

4.     Our Legal Bases For Processing Your Information 

When we collect or otherwise process any of your Personal Data, we do so in reliance on the following legal bases as described below:

• Your consent. If you have provided us with your consent to process your information for a specific purpose we will do so based on your consent. You may withdraw your consent at any time by following the instructions provided below in the “Your Rights and Choices” section below.

• Performance of a Contract with You. When the processing of your Personal Data is necessary in order for us to perform a contract with you, such as the EULA associated with Game, or when you request that we process your information prior to entering into a contract with you, we will do so on this basis.

• Our Legitimate Interests. When we believe the processing of your Personal Data is reasonably necessary in order for us to achieve our legitimate interests in conducting and managing our business and our relationship with you, we will do so on this basis, including the legitimate interest we have in:
  
  • personalizing, enhancing, modifying or otherwise improving the services and/or the communications that we provide to you;
  • retaining and engaging you and our other users;
  • detecting and preventing fraud and operating a safe and lawful business; and
  • improving the security and optimization of our network, sites and services.

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When we use your information for our legitimate interests, we take into account any potential impact that such use may have on you by balancing our legitimate interests against your interests, rights, and freedoms. We will not use your information if there is a less intrusive way for us to achieve our legitimate interests or if we believe your interests should override ours unless we have other grounds to do so (such as your consent or a legal obligation).

• Our Legal Obligations. When we believe that the processing of your information is necessary in order for us to comply with our legal obligations (such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved) we will do so on this basis.

• Vital Interests. When we believe that the processing of your information is necessary in order to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person, we will do so on this basis.

5.     HOW WE USE PERSONAL DATA

We may use Personal Data for the following purposes:

• To optimize, develop, and improve the Services.
• To operate, provide, analyze, support, and maintain the Services and their contents, and any other information, or services that you request from us.
• To test our Services, undertake research and analysis to develop, update and demonstrate our game(s) and/or technology, and to better understand our users.
• To detect, identify, fix, and troubleshoot bugs or functionality errors.
• To facilitate your use of our game(s) on multiple devices and/or platforms, as applicable. 
• To communicate about promotions, upcoming events, and other news about our games and services with your consent.
• To send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies.
• To respond to you if you contact us.
• To fulfill any other purpose for which you provide it.
• To analyze how you access the Services.
• To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties.
• For any reason that we described to you when collecting your Personal Data or for any reason for which you’ve provided us with your consent.
• To help maintain the safety, security, and integrity of the Services, our IT systems, architecture, networks, databases, and other technology assets.
• To protect the rights, interests, and safety of us, you, and any third parties, and to exercise and defend our rights.
• To create anonymous, de-identified, or aggregated datasets (“Aggregated Information”). Such datasets would not be "Personal Data" subject to this Privacy Policy. We may use anonymous, de-identified, or aggregated datasets for any purpose. For more information about Aggregated Information see below.

Aggregated Information: We may aggregate Personal Data and use the aggregated information to analyze the effectiveness of our Services, to improve and add features to our Services, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of users of our Services and share aggregated information like general user statistics with prospective business partners. We may collect aggregated information through the Services, through cookies, and through other means described in this Privacy Policy.

6. SHARING AND DISCLOSURE OF PERSONAL DATA

In certain circumstances we may share the categories of Personal Data described above without further notice to you, unless required by the law, with the following categories of third parties as described below:

• Vendors and Services Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Data with vendors and service providers, including providers of playtest services, error reporting services, ad services, email newsletter services, and analytics services. Pursuant to our instructions, these parties will access, process, or store Personal Data in the course of performing their duties to us.

• Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a court order, regulatory request or other legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Services, or the public, or (v) protect against legal liability.

• Enforcing our Rights: We may disclose your information as necessary to enforce our rights arising from any contracts entered into between you and us, such as our EULAs and Terms of Service.

• Necessary for Purpose: We may disclose your information as necessary to fulfill the purpose for which you provided it.

• With Your Consent: We may disclose your information with your consent.

• Other purposes: We may disclose your information for any other purpose disclosed by us and accepted by you when you provide the information.

7.   WHERE, HOW AND HOW LONG WE STORE YOUR INFORMATION

We store all Personal Data securely in the US using third-party vendors who implement industry standard security measures. All data is encrypted in transit using transport layer security (TLS). By using the Services, you authorize us to receive, process, transfer, and store your information in and to the United States. 

We keep your information only for the length of time necessary to fulfill the purposes for which the information was collected. For example, if you sign up for our newsletter our third party newsletter provider will maintain your email address until you unsubscribe from the newsletter. If applicable laws require us to store your information for a longer period, then we will keep your information for the period required by law. When it is no longer necessary or required for us to retain your data, we will delete it.

8.     DATA SECURITY

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure by partnering with third parties who use industry-standard security measures to protect your information.

Unfortunately, the transmission of information via the Internet and mobile platforms is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted through our Services. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

9.     YOUR RIGHTS AND CHOICES

In certain circumstances providing Personal Data is optional. However, if you choose not to provide Personal Data that is needed to use some features of our Services, you may be unable to use those features.

We strive to provide you with choices regarding the Personal Data you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.

• Updating or correcting your information: Please click here to e-mail us a request if you need to change or correct your Personal Data.

• Newsletter: If you have opted in to receiving our newsletter and you want us to unsubscribe, you can opt out by clicking the unsubscribe link at the bottom of our emails containing the newsletter and following the instructions provided.

• Deleting Your Personal Data: We provide all of our data subjects with the Right to be Forgotten (also known as the Right to the Deletion of your Personal Data ), whether or not you reside or are a citizen of the European Union or the United Kingdom. Please click here to e-mail us a request if you would like us to delete your Personal Data.
  Please note however that the Right to be Forgotten is not an absolute right. The Right to be Forgotten only applies to the following types of Personal Data that are held by us at the time of the request:
  
  • Personal Data that was processed on the basis of consent,
  • Personal Data that was processed on the basis of legitimate interests,
  • Personal Data processed on a basis other than consent or legitimate interests that is no longer required for the purpose for which it was originally collected or processed,
  • Personal Data that was processed unlawfully,
  • Personal Data that must be deleted in order to comply with a legal obligation, or
  • Personal Data of a child.

• Third parties: We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.

Personal Data Rights: Most comprehensive consumer privacy laws provide those that they protect with certain data protection rights. While the precise rights vary from jurisdiction to jurisdiction, most include all or a number of the following: 

• The right to confirm - You have the right to confirm whether we are processing your Personal Data;

• The right to access/obtain - You have the right to request we provide you with copies of your Personal Data. We may charge you a small fee for this service.

• The right to correct/rectify - You have the right to request that we correct any Personal Data you believe is inaccurate. You also have the right to request that we complete Personal Data you believe is incomplete.

• The right to be forgotten/deletion - You have the right to request that we erase certain types of Personal Data (see Deleting Your Personal Data above).

• The right to restrict processing - You have the right to request that we restrict the processing of your Personal Data, under certain conditions.

• The right to object to processing - You have the right to object to our processing of your Personal Data, under certain conditions, such as for targeted advertising.

• The right to data portability - You have the right to request that we transfer the Personal Data that we have collected to another organization, or directly to you, under certain conditions.

• Rights in relation to automated decision-making and profiling - You have the right to not be subject to a decision based solely on the automated processing of your Personal Data. Processing of your Personal Data is “automated” where it is carried out without human intervention and where it produces legal effects or significantly affects you.

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We are happy to provide the above rights to all of our users, regardless of your residence or location. If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, click here.

10.   CHANGES TO THE PRIVACY POLICY

The Services and our business may change from time to time. As a result, we may change this Privacy Policy at any time. When we do we will post an updated version on this page, unless another type of notice is required by the applicable law. By continuing to use our Services or providing us with Personal Data after we have posted an updated Privacy Policy, or notified you by other means if applicable, you consent to the revised Privacy Policy and practices described in it.

11.   CONTACT US

If you have any questions about our Privacy Policy or information practices, please feel free to contact us privacy@brainjar.games