Privacy Policy

Effective date: September 13th, 2019

This Privacy Policy applies to your use of Manifold Garden, by William Chyr Studios LLC, an Illinois limited liability company. This Privacy Policy applies to the Studio’s use of any and all Data collected by the Studio or provided by you in relation to your use of the game Manifold Garden.

1. Definitions

1.1. Data

All information that a User submits to the Studio. This definition includes, where applicable, the definition of “Data” provided in any applicable Data Protection Law.

1.2. Data Protection Law.

Any applicable law relating to the collection, processing, retention, or distribution of personal Data, including but not limited to state laws, federal laws of the United States, and the EU General Data Protection Regulation (GDPR) if a court of competent jurisdiction finds that the laws of that jurisdiction apply to any Data submitted subject to this Privacy Policy.

1.3. Game.

The videogame software entitled "Manifold Garden".

1.4. Privacy Policy.

This document right here, which may be updated from time to time.

1.5. The Studio.

William Chyr Studio LLC, an Illinois limited liability company.

1.6. User.

Any person who accesses the Game, either on that person’s own behalf or on behalf of another person or entity, and is not an agent or employee of the Studio.

2. Scope

This Privacy Policy applies only to the actions of the Studio and Users with respect to the Game as accessed through the Apple Arcade service. It does not extend to any other websites that can be accessed from the service including, but not limited to, any links that the Studio may provide to social media websites, regulatory websites, websites that offer the Game for sale or otherwise available to play, or the websites of other service providers. For purposes of applicable Data Protection Laws which use this term, the Studio is a “data controller.” This means that the Studio determines the purposes for which, and the manner in which, your Data are processed.

3. Data Collected

3.1. Gameplay.

The Game collects information about play and stores it on Apple services such as iCloud for cloud saves, and Game Center for achievements. The Studio does not store any such personal or gameplay data on its servers.

3.2. Customer Service.

When you contact the Studio, the Studio may collect the following Data, which may include personal Data, from Users or third parties:

  • 3.2.1. Name.
  • 3.2.2. E-mail address.
  • 3.2.3. Address or other geolocation information.
  • 3.2.4. Apple PlayerID (or similar information).
  • 3.2.5. Such other relevant data as the Studio, at its sole discretion, believes relevant and/or useful in providing its goods and services to the marketplace.

4. Data Collection

The Studio may collect Data in the following ways:

4.1. By Users

Data may be given to the Studio by Users themselves; for example:

  • 4.1.1. When a User accesses the Game software through Apple Arcade.
  • 4.1.2.When a User contacts the Studio through the its website, by telephone, postal mail, e-mail, or through any other means.
  • 4.1.3.When a User elects to receive marketing communications from the Studio.
  • 4.1.4.When a User uses any other service provided by the Studio.

4.2. Third Parties

Data may be received from other sources including third parties and publicly available sources, such as:

  • 4.2.1. Apple Inc., along with its corporate parents, subsidiaries, and other related companies.
  • 4.2.2. Marketing information service providers.

4.3. Automatically

Data may be collected automatically from Users when accessing the Game via Apple Arcade.

5. Use of Data.

Any or all of the aforementioned Data may be required by the Studio from time to time in order to provide Users with the best possible service and experience when playing the Game.

5.1 Gameplay

Data related to gameplay are collected by the Studio and stored on Apple servers. Such data are used for purposes such as cloud saves and achievements.

5.2. Customer Support.

Customer support data may be used for purposes such as:

  • 5.2.1. Internal record keeping.
  • 5.2.2. Improving the Studio's products and services.
  • 5.2.3. Transmission by e-mail or other means of marketing materials that may be of interest to Users, when they have elected to receive such materials.

6. Sharing Data

The Studio may share User Data with the following persons for the following reasons:

6.1. Agents.

The Studio's employees, professional advisors, and other agents, in order to provide maximum benefit from the Studio's services to Users at minimum cost.

6.2. Platforms.

Apple Inc. and other third-party game platforms that host the Game, in order to facilitate bug fixes, patches, gameplay updates, and the like.

6.3 Law Enforcement.

Regulatory and law enforcement authorities, in order to facilitate the detection of unlawful activity or regulatory non-compliance.

The Studio may use User Data for the above reasons if the Studio deems it necessary to do so for a legitimate purpose. If a User is not satisfied with this, then the User has the right to object in certain circumstances. (See Section 10, “User Rights” below.)

7. Marketing.

For the delivery of direct marketing to Users via e-mail or other reasonable means, the Studio will obtain User consent, either via direct consent (“opt-in”) or implied consent (“soft opt-in”). A soft opt-in is a specific type of consent which applies when Users have previously interacted with the Studio (for example, if a User contacts the Studio to ask for details about a particular product, and the Studio is marketing similar products/services). Under "soft opt-in" consent, the Studio will take User consent as given unless specifically refused or withdrawn. For other types of marketing, the Studio will obtain explicit consent by, for example, providing a check box which signifies that the User has consent to marketing contact. Users have the right to withdraw consent for marketing contacts at any time.

8. Data Retention.

Unless a longer retention period is required or permitted by law, the Studio will only retain User Data as long as reasonably necessary, but in any event no longer than 180 days since the User last accessed the Game, to provide the Studio’s products and services to a given User subject to this Privacy Policy or until a given User request that User Data be deleted. Users are advised, and agree to accept, that even if the Studio deletes any given piece of User Data, that piece of User Data may persist on backup or archival media for legal, tax, or other regulatory purposes.

9. Data Security

The Studio complies with all Apple Arcade requirements regarding data security. If a User suspects any misuse or loss or unauthorized access to User Data, then immediately contact the Studio at support@manifold.garden

10. User Rights

Users have the following rights in relation to User Data:

10.1. Right to Access.

The right to request copies of the information the Studio holds about that User at any time, or to request that the Studio modify, update or delete such information. The Studio will not charge a User for access to the data the Studio has about that User, unless the request is unreasonable or duplicative. The Studio may, in its discretion, refuse such a request where the law allows. If the Studio refuses such a request, the User may further request an explanation for the refusal.

10.2. Right to Correct.

The right to have a User's Data corrected if it is inaccurate or incomplete.

10.3. Right to Erase

The right to request that the Studio delete or remove that User's Data from The Studio's systems.

10.4. Right to Restrict Use of User Data.

The right to "block" the Studio from using User Data, or to limit the ways in which the Studio can use it.

10.5. Right to Data Portability.

The right to request that the Studio move, copy, or transfer a User's Data.

10.6. Right to Object.

The right to object to the Studio's use of a User's Data, including where the Studio uses it for otherwise legitimate reasons.

11. Declining or Withdrawing.

Users may decline to provide Data, or, after agreeing, may subsequently withdraw permission for the Studio to collect Data. However, by declining or withdrawing, certain options and game modes may become unavailable, including online play.

12. Contact.

To ask questions regarding User Data, to exercise any of the User Rights set out above, or to withdraw a User's consent to the processing of User Data (where consent is the Studio's legal basis for processing that User’s Data), contact William Chyr via e-mail at support@manifold.garden.

13. Minors.

The Game collects, uses, and discloses non-personally identifiable Data related to gameplay from under-age Users in the same way as for other Users, as described in this policy. The Game’s use of under-age Users’ data is limited to support internal operations of the game. The Studio does not knowingly collect other Data from anyone under the age of 13. If the Studio learns that it has collected Data from someone under the age of 13 without parental consent, then the Studio will take steps to delete that Data. Parents can learn more about how the Studio handles data by contacting support@manifold.garden.

14. Accuracy.

It is important that Data held by the Studio about Users are accurate and current. The Studio requests that Users inform the Studio if that Data changes while being stored by The Studio.

15. Transfers Outside the European Economic Area.

Users located in or subject to the jurisdiction of the European Economic Area (EEA) are advised that Data that the Studio collects may be stored and processed in and transferred to countries outside of the EEA. Please note that the Studio’s principal place of business is located within in the United States of America. Therefore, for the avoidance of doubt, Users should assume that User Data will be stored in, processed in, and transferred to countries outside of the EEA. Users who do not accept this should not access the Game.

16. Changes of Ownership and Control.

The Studio may expand or reduce its business, and this may involve the sale or other transfer of control of all or part of the Studio. Data provided by Users will, where it is relevant to part of the Studio's business being transferred, be transferred along with that part, and the recipient shall be permitted to use the Data for the purposes for which it was originally supplied to The Studio. The Studio may also disclose User Data to a prospective purchaser of its business or any part thereof, so long as it uses reasonable diligence regarding such purchasers and provides reasonable safeguards for the protection of such Data.

17. Choice of Law.

This Privacy Policy shall be governed by, and construed according to, the laws of the United States and the State of Illinois, without regard to conflicts of laws principles. All actions hereunder may be brought only in a U.S. state or federal court having jurisdiction in Cook County, Illinois, and the User hereby consents to venue in these fora.

18. Transfer of Rights.

Users may not transfer any of their rights under this Privacy Policy to any other person, although those rights shall attach where reasonable to legal entities and their agents when those agents use the Game in the course of their duties. The Studio may transfer its rights under this Privacy Policy where the Studio reasonably believe User rights will not be materially affected.

19. Severability.

If a court of competent jurisdiction ultimately determines that any portion of this Privacy Policy is unenforceable, then that provision shall be rewritten, interpreted, or otherwise modified to include as much of its nature and scope as will render it enforceable. If that provision cannot be so modified as to be enforceable in any respect, then it shall be severed from this Privacy Policy, and the remainder of the Privacy Policy shall be enforced as if the offending provision were not included.

20. Changes and Revisions.

The Studio reserves the right to revise this Privacy Policy as the Studio, at its sole discretion, may deem necessary or advisable from time to time. All revisions will apply to a User as soon as the User accesses the Game after such revisions are posted. Users may contact the Studio by email at support@manifold.garden to ensure that they have the latest version of this Privacy Policy.

21. Customer Support.

Customer support inquiries should be directed to support@manifold.garden. Information about support and services is available at http://manifold.garden/support. Technical and game support will be freely provided within 48 hours of the receipt of a ticket. The support email will continue to be available until at least September 1st, 2022. For inquiries regarding Apple Arcade service or device compatibility, please direct questions to https://support.apple.com/contact.