1. Introduction

Playpen Games, Inc., a Delaware corporation, doing business as "Built by Foundry" ("Foundry," "Company," "we," "us," or "our"), is a platform that builds, publishes, operates, and continuously optimizes subscription mobile applications for content creators. We understand that trust is the foundation of our relationship with creators and their audiences, and we are committed to being transparent about how we collect, use, and protect personal information.This Privacy Notice explains what personal information we collect from Creators (individuals and entities who use our Platform to have apps built and operated on their behalf), End Users (individuals who download, use, or interact with Apps built through the Platform), and Website Visitors (individuals who visit our websites), how we use and share that information, and your rights and choices concerning our data practices.By accessing the Platform, creating an Account, or using any of our services, you accept the practices described in this Privacy Notice and acknowledge that we may process and share your personal information as described herein. If you do not agree, you must stop using the Platform.We reserve the right to make changes to this Privacy Notice from time to time by posting dated updates to builtbyfoundry.io/policies. Your continued use of the Platform after we make changes is deemed acceptance of those changes. Please check this page periodically for updates.

2. Who This Privacy Notice Applies To

This Privacy Notice applies to personal information we collect:• on the Platform, including our websites, dashboards, and related services;
• through mobile applications built and operated through the Platform ("Apps");
• in email, text, or other electronic communications between you and Foundry; and
• at events, conferences, or other in-person interactions.Creators: When we provide our Platform Services to Creators, we act as a data controller for Creator account information, payment data, and related information. We may also act as a data processor on behalf of Creators with respect to End User data collected through the Apps we build and operate.End Users: If you are an End User of an App built through Foundry's Platform, Foundry primarily acts as a service provider or processor of your data on behalf of the Creator. For questions about how your data is used by a specific App, please contact the Creator directly or refer to the privacy policy posted within the App. This Privacy Notice describes the data Foundry collects and processes in its capacity as a controller.Important Notice for U.S. Residents: If you are a resident of California or another U.S. state with comprehensive privacy legislation, please see Section 12 (Additional Information for U.S. Residents) below for additional disclosures about our data practices and your specific rights.Important Notice for EEA/UK Residents: If you are a resident of the European Economic Area, Switzerland, or the United Kingdom, please see Section 13 (Additional Information for EEA/UK Residents) below for additional disclosures and your specific rights under applicable data protection law.

3. Age Requirements

The Platform is intended for use by individuals who are at least 18 years of age (or the age of majority in the applicable jurisdiction). We do not knowingly collect personal information from individuals under 18. If you are a parent or guardian and believe that an individual under 18 has provided personal information to Foundry, please contact us at privacy@builtbyfoundry.io and we will take reasonable steps to delete that information from our systems.

4. Information We Collect and How We Collect It

We collect personal information in the following ways:

4.1 Information You Provide Directly

Account and Profile Information: When you create an Account, we collect your full legal name, email address, phone number, mailing address, payment information, and any additional information you provide during onboarding, such as social media handles, audience demographics, content direction, and brand assets.Payment and Financial Information: We collect billing information necessary to process Platform Fee payments and Revenue Share distributions, including bank account details, credit or debit card information, and billing address. Payment processing is handled by our third-party payment processors (such as Stripe), and your payment card details are provided directly to them. Their use of your information is governed by their own privacy policies.Creator Content and Brand Materials: We collect brand assets, content, creative direction, and other materials you provide for use in building, operating, and marketing your App ("Creator Materials"). This may include your name, image, likeness, voice, logos, biographical information, and social media content.Communication Data: We collect the content of communications between you and Foundry, including emails, support requests, feedback, and any other correspondence.Survey and Research Data: If you respond to surveys, participate in research, or provide feedback, we collect the information you submit.

4.2 Information We Collect Automatically

Usage and Analytics Data: When you interact with the Platform, our websites, or Apps built through the Platform, we automatically collect information including your IP address, device type, unique device identifiers, browser type, operating system, geographic location (country or city level), time zone, usage patterns, session data, pages and features accessed, links clicked, and diagnostic data.App Performance Data: We collect technical and performance data related to Apps, including subscription events, user engagement metrics, session behavior, conversion rates, crash reports, and other diagnostics ("Performance Data"). Performance Data is processed by Foundry's AI and machine-learning systems to power our Automated Optimization services.Cookies and Tracking Technologies: We use cookies and similar tracking technologies to collect information about your interactions with our websites and services. For more information about the cookies we use, please see our Cookie Notice.

4.3 Information We Receive from Third Parties

Social Media and Public Sources: We may collect publicly available information from social media platforms (such as Instagram, TikTok, YouTube, and others), including follower counts, audience demographics, engagement metrics, and content performance data. We use this information to build, optimize, and market Apps on behalf of Creators.App Store and Marketplace Data: We receive revenue, subscription, and transaction data from Apple, Google, and other application marketplaces in connection with Apps published through the Platform.Third-Party Service Providers: We may receive information from analytics providers, advertising partners, payment processors, and other service providers that assist us in operating the Platform.

5. How We Use Your Information

We use the personal information we collect for the following purposes:To Provide and Operate the Platform. To build, publish, host, maintain, and operate Apps on behalf of Creators; to process payments and Revenue Share distributions; to manage Creator Accounts; to provide customer support; and to deliver the Platform Services described in our Creator Partnership Program Agreement.For AI-Powered Optimization. To power our Automated Optimization services, including pricing and paywall experimentation, onboarding refinement, user-interface and conversion testing, feature prioritization and development, performance monitoring, and audience engagement analysis. These services are a core part of the Platform and operate continuously using artificial-intelligence and machine-learning systems.To Improve the Platform. To analyze usage patterns and Performance Data in aggregated and de-identified form to improve our Platform, AI models, and technology across our portfolio of Apps. We do not share identifiable Creator Performance Data with other creators or third parties except in aggregated and de-identified form.For Security and Fraud Prevention. To detect, investigate, and prevent security threats, unauthorized access, fraud, and other malicious or illegal activity.For Communications. To send you service-related notices (such as account confirmations, billing updates, technical notices, and security alerts), to respond to your inquiries, and, with your consent or where otherwise permitted by law, to send you marketing communications about products, services, and opportunities.For Legal and Compliance Purposes. To comply with applicable laws, regulations, legal processes, or enforceable governmental requests; to enforce our agreements; to defend against legal claims; and to protect the rights, property, and safety of Foundry, our Creators, and others.For Business Operations. To conduct business planning, reporting, and forecasting; to prepare materials for investors, partners, and potential acquirers; and to administer our business generally.

6. How We Share Your Information

Foundry is not in the business of selling your personal information. We may share personal information in the following circumstances:Service Providers. We share information with third-party service providers who assist us in operating the Platform, including hosting providers, cloud infrastructure providers, payment processors, analytics services, customer support tools, email and communication providers, and other vendors. These providers process information on our behalf and are contractually required to use it only for the purposes of providing services to us.AI and Machine-Learning Providers. We may share information with third-party AI providers to power certain Platform features. Our AI providers are contractually bound to use data only for providing the requested services and are prohibited from using it to train their own general-purpose models.App Store Operators. We share information with Apple, Google, and other application marketplace operators as necessary to publish, operate, and distribute Apps.Creators. If you are an End User of an App built through the Platform, we may share your information with the Creator associated with that App to the extent necessary for them to understand their audience and manage their business. Creators may have their own privacy practices, and we encourage you to review the privacy policy within each App.Professional Advisors. We may share information with lawyers, accountants, auditors, consultants, and other professional advisors where necessary to facilitate the services they provide to us.Business Transfers. In connection with any merger, acquisition, financing, reorganization, bankruptcy, or sale of all or a portion of our assets, your personal information may be shared with or transferred to the acquiring entity. We will notify you of any such change in ownership or control of your personal information.Legal Requirements. We may disclose personal information if required to do so by law, regulation, subpoena, court order, or other governmental request, or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a governmental request.Aggregated and De-Identified Data. We may share aggregated or de-identified information that cannot reasonably be used to identify you for any lawful business purpose, including to analyze and improve the Platform, inform investors and partners, and describe our services.

7. Data Security

We implement commercially reasonable technical, administrative, and organizational measures to protect personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. These measures include encryption in transit and at rest, role-based access controls, strong authentication requirements, and active monitoring of our systems.However, no method of transmission over the Internet or method of electronic storage is completely secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. You are responsible for maintaining the security of your Account credentials and for any activity that occurs under your Account.

8. Cookies and Tracking Technologies

We use cookies and similar tracking technologies (such as pixels, web beacons, and local storage) to collect information about your interactions with our websites and services. Cookies are small data files placed on your device that help us recognize your device and remember your preferences.We use cookies for the following purposes: to provide and maintain the Platform, to understand how you use our services, to personalize your experience, to measure the effectiveness of our communications, and (where applicable) to deliver relevant advertising.Most web browsers are set to accept cookies by default. You can configure your browser to refuse cookies or to alert you when cookies are being sent. Please note that disabling cookies may affect your ability to use certain features of the Platform.Do Not Track. There is no uniform standard for how "Do Not Track" browser signals should be interpreted. At this time, we do not respond to Do Not Track signals. We do, however, honor the Global Privacy Control ("GPC") signal where required by applicable law.

9. Data Retention

We retain personal information for as long as necessary to fulfill the purposes for which it was collected, including to satisfy legal, accounting, contractual, or reporting requirements. The retention period is determined based on the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process the information, whether we can achieve those purposes through other means, and applicable legal requirements.When we no longer have an ongoing legitimate business need to process your personal information, we will either delete or anonymize it. If deletion is not immediately possible (for example, because your information has been stored in backup archives), we will securely store your personal information and isolate it from further processing until deletion is possible.For questions about data retention, please contact privacy@builtbyfoundry.io.

10. Third-Party Links and Services

The Platform, our websites, and Apps may contain links to third-party websites, services, or applications that are not operated or controlled by Foundry. This Privacy Notice does not apply to third-party services. We are not responsible for the privacy practices of any third party. We encourage you to review the privacy policies of any third-party service before providing personal information.

11. Your Rights and Choices

Depending on where you reside and the laws that apply to you, you may have certain rights regarding your personal information, including:• Access. The right to request access to the personal information we hold about you and to receive a copy of that information.
• Correction. The right to request that we correct inaccurate or incomplete personal information.
• Deletion. The right to request that we delete your personal information, subject to certain exceptions.
• Portability. The right to receive your personal information in a structured, commonly used, and machine-readable format.
• Objection and Restriction. The right to object to or request restriction of certain processing of your personal information.
• Withdrawal of Consent. Where processing is based on your consent, the right to withdraw that consent at any time. Withdrawal of consent does not affect the lawfulness of processing conducted prior to withdrawal.
• Opt-Out of Marketing. You may opt out of receiving marketing communications at any time by following the unsubscribe instructions in any marketing email or by contacting us at privacy@builtbyfoundry.io.To exercise any of these rights, please contact us at privacy@builtbyfoundry.io. We will respond to requests in accordance with applicable law and may require verification of your identity before processing your request. We will not discriminate against you for exercising your privacy rights.

12. Additional Information for U.S. Residents

This section supplements our Privacy Notice and applies to residents of the United States, including residents of California and other states with comprehensive privacy legislation (collectively, "U.S. Data Privacy Laws"), including the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 ("CCPA").

12.1 Categories of Personal Information Collected

In the preceding twelve (12) months, we have collected the following categories of personal information as classified by U.S. Data Privacy Laws: Personal Identifiers (name, email address, IP address, account name); Personal Records (payment and billing information); Commercial Information (transaction history, subscription data, revenue data); Internet or Network Activity (browsing history, search history, interaction data); Geolocation Data (country and city-level location); Professional Information (social media handles, audience demographics, brand information); Inferences (preferences, characteristics, and behavioral signals derived from the above); and Account Credentials (login information).

12.2 How We Use Personal Information

We use personal information for the business and commercial purposes described in Section 5 of this Privacy Notice, including to provide and operate the Platform, power AI-driven optimization, improve our services, communicate with you, ensure security, and comply with legal obligations.

12.3 Sale and Sharing of Personal Information

Foundry does not sell personal information in the traditional sense. However, certain uses of cookies and tracking technologies on our websites may constitute a "sale" or "sharing" of personal information under the broad definitions in U.S. Data Privacy Laws. You may opt out of such sharing by adjusting your cookie preferences on our website or by submitting a request to privacy@builtbyfoundry.io.

12.4 Your California and U.S. State Privacy Rights

Subject to applicable law, you may have the right to: (a) request access to and a copy of the personal information we have collected about you, (b) request deletion of your personal information, (c) request correction of inaccurate personal information, (d) opt out of the "sale" or "sharing" of your personal information, (e) opt out of profiling in connection with decisions that produce legal or similarly significant effects, and (f) not receive discriminatory treatment for exercising your rights.To exercise these rights, please contact us at privacy@builtbyfoundry.io. We will verify your identity before processing your request. You may designate an authorized agent to submit requests on your behalf, subject to applicable verification requirements.

12.5 Sensitive Personal Information

We may collect certain categories of sensitive personal information, including account login credentials and precise geolocation data, solely for the purposes of providing the Platform Services, ensuring security, and complying with legal obligations. We do not use sensitive personal information for purposes other than those permitted by applicable law.

12.6 Response Timing

We will respond to verifiable consumer requests within forty-five (45) days of receipt. If we require additional time (up to 90 days total), we will inform you of the reason and extension period in writing. We do not charge a fee to process requests unless they are excessive, repetitive, or manifestly unfounded.

13. Additional Information for EEA, Switzerland, and UK Residents

This section supplements our Privacy Notice and applies to individuals located in the European Economic Area ("EEA"), Switzerland, and the United Kingdom ("UK"). We process your personal information in accordance with the European Union's General Data Protection Regulation, Switzerland's Federal Act on Data Protection, and the UK General Data Protection Regulation (collectively, "GDPR").

13.1 Legal Bases for Processing

Performance of a Contract: We process personal information to provide the Platform Services under our agreement with you, including building and operating your App, processing payments, and managing your Account.Legitimate Interests: We process personal information where necessary for our legitimate business interests, including improving the Platform, powering AI-driven optimization, ensuring security, preventing fraud, and conducting business planning. We balance these interests against your rights and freedoms.Consent: Where required by law, we will obtain your consent before processing personal information for specific purposes, such as certain marketing communications or the use of non-essential cookies. You may withdraw your consent at any time.Legal Obligation: We may process personal information to comply with applicable laws, regulations, or lawful governmental requests.

13.2 Your Rights Under GDPR

In addition to the rights described in Section 11, if you are located in the EEA, Switzerland, or the UK, you have the right to: (a) access your personal data and receive a copy, (b) request rectification of inaccurate data, (c) request erasure of your data, (d) restrict or object to processing, (e) data portability, (f) withdraw consent at any time, and (g) lodge a complaint with your local data protection authority.We will respond to all legitimate requests within one month. If your request is complex, we may extend this period by up to two additional months, and we will notify you of any extension.

13.3 International Transfers

Foundry is based in the United States. Your personal information may be transferred to and processed in the United States and other countries where we or our service providers operate. These countries may have data protection laws that differ from those of your jurisdiction. We implement appropriate safeguards for international transfers, including standard contractual clauses approved by the European Commission and other relevant authorities, and we ensure that your personal information receives an adequate level of protection wherever it is processed.

13.4 Data Protection Representative

If you are located in the EEA or the UK and have questions about how we handle your personal data, you may contact us at privacy@builtbyfoundry.io. Information about any appointed data protection representative will be posted at builtbyfoundry.io/policies as applicable.

14. Children's Privacy

Our Platform and Services are not intended for individuals under the age of 18. We do not knowingly collect personal information from children under 18. If we become aware that we have collected personal information from a child under 18, we will take reasonable steps to delete that information as soon as practicable. If you believe a child has provided us with personal information, please contact us at privacy@builtbyfoundry.io.

15. Changes to This Privacy Notice

We may update this Privacy Notice from time to time to reflect changes in our practices, technology, legal requirements, or other factors. When we make material changes, we will notify you by posting the updated notice at builtbyfoundry.io/policies and, where required by law, by sending a notice to your Account email address. The "Last Updated" date at the top of this notice indicates when it was most recently revised. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Privacy Notice.

16. Contact Us

If you have any questions, concerns, or requests regarding this Privacy Notice or our data practices, please contact us at:Playpen Games, Inc. d/b/a Built by Foundry
2261 Market Street STE 86046
San Francisco, CA 94114Email: privacy@builtbyfoundry.io