Privacy Policy


https://offbrand.gg/, which includes affiliated sites and applications (the “Properties”), is operated by OFFBRAND Cooperative, Inc. (“OFFBRAND”). Throughout the Properties, the terms “we,” “us” and “our” refer to OFFBRAND. OFFBRAND offers the Properties, including all information, tools and services available from these Properties to you, the user (including any businesses on behalf of which you access or otherwise use the Properties), conditioned upon your acceptance of all terms, conditions, policies and notices stated here. In case we need your consent for a specific purpose, we will provide you tools to give us consent in order to permit the processing of your data.

By visiting the Properties, submitting information to us through the Properties, and/or otherwise using the features offered on these Properties, you engage in our services (the “Services”). This Privacy Policy applies to all information collected by OFFBRAND about you, regardless of how it is collected or stored, and describes, among other things, the types of information collected about you when you interact with the Services, how your information may be used, when your information may be disclosed, how you can control the use and disclosure of your information, and how your information is protected.

OFFBRAND will collect both personal information, and non-personal information (collectively, the “Information”) and act as the data controller regarding your personal information. For the purposes of this privacy policy, "personal information" is:

  1. Any information about an identifiable individual, other than an individual's business contact information when collected, used or disclosed for the purpose of enabling the individual to be contacted in relation to their business responsibilities;
  2. Any information that identifies, or could be reasonably associated with you; or
  3. Information such as your name, address, telephone number, birth date, payment and card numbers, purchase information and e-mail address.

OFFBRAND is responsible for the way this Information is being handled and for complying with privacy and data protection legislation. In this policy we explain how we handle your Information and the way in which we comply with the applicable legislation. If you are a California resident, live in a state which has passed data protection laws, or if you reside outside the United States, please check the applicable section of this Privacy Policy for further information.

If you have any questions or complaints about this privacy policy, or if you wish to exercise your legal rights, please contact us by means of the “Contacting Us” section below.

01 Summary and scope of Privacy Policy

This Privacy Policy applies to all Properties.

This Privacy Policy does not apply to third party websites, applications or online properties to which the Properties may link (e.g., Steam, LinkedIn, Twitter/X), or that may connect to the Properties. You accept OFFBRAND is not responsible for the security or privacy practices of any such third party websites or properties. For more information about how these third party websites, applications or online properties handle your data, we refer you to the relevant privacy policies and terms of these organizations.

02 Information we collect and how we use it

OFFBRAND collects Information about you from you and other sources. As set out below in more detail, we use and in specific cases combine that Information to operate, tailor content, personalize, adjust and improve the Properties, to provide you with benefits affiliated with the Properties, and to send you messages or personalized information about our services, including for marketing and promotional purposes.

Information provided by you

As set out in more detail in the following, OFFBRAND may collect Information from you when you: (A) Register for the Properties (as applicable); (B) use the Properties, including by way of submitting information to OFFBRAND on a submission form on any Properties including the “pitch your game” form; (C) connect certain accounts to the Properties; and (D) choose to receive communications on benefits, products and services and/or receive marketing emails. The personal information we collect from you may include, but is not limited to, personal and online identifiers (like first or last name, email address, or unique online identifiers), characteristics of legally protected classifications, and other information about you that is connected to the personal information we otherwise collect.

A. Information Submission through the Properties

When you submit information, contact us, or otherwise utilize the Properties (including, without limitation, pitching your game to us whether on behalf of you as an individual or a third party such as a business) we may ask you for certain information, such as your username, first and last name, birthdate, phone number, address, e-mail address, information about the game you are pitching (including, without limitation, gameplay footage, previous work experience, information about your game, and other related information) when you correspond with us and interact with the Properties (the “User Content”). We may also retain any messages you send through the Service, and may collect information you provide in User Content you post to the Service. We use this information to operate, maintain, and provide to you the features and functionality of the Service.

You decide which information you want to share with us in the open text fields. We ask you not to provide us with information that you do not want us to process. If you do not wish to provide us with information, do not complete the open text fields. If you do not provide us with certain information, you may not be able to utilize the full Services.

If you provide us with feedback, submit a submission, or otherwise contact us, we will collect your information, such as name and contact information, along with any other content included in the message.

We may also collect personal data at other points in our Service where you voluntarily provide it.

B. Use of Our Properties

When you visit or use the Properties we collect, process and/or combine Information about your use of those Properties, such as, but not limited to, your name, email address, photos, gender, birthday, location, and similar related Information. All personal information shall be kept to a minimum and in accordance with a legal purpose, and we shall not collect excessive data from you. We use this User Content to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages, We may also send you Service- related emails or messages (e.g., account verification, order confirmations, change or updates to features of the Service, technical and security notices).

When you visit or use the Properties, we use cookies and similar technologies (like pixels), collectively referred to as 'Cookies.' Cookies are small pieces of data stored on a Website visitor's browser, which are used to collect information about the user's browser, website activity and other metrics. The Properties use necessary, functional, analytical and tracking Cookies. Cookies are used to ensure that the Properties are functioning properly, to analyze how the Properties are used, to optimize your user experience and to provide you with information or advertisements about products and services offered through the Properties. We need your consent to use the Cookies, apart from the Cookies which are necessary for a proper functioning Property.

C. Receive Newsletters on Products and Services and/or Receive Marketing Emails

OFFBRAND may offer you the ability to receive newsletters or marketing periodically by email about our products and services, and the products and services of OFFBRAND affiliates. You can stop receiving further newsletters or marketing emails by unsubscribing from the link in the footer of each email we send to you or by unsubscribing from them in the Account Settings.

D. Use of Your Information

OFFBRAND may use your Information for the following purposes:

  • For the purposes for which you provided it;
  • To send you information about your relationship or transactions with us;
  • To send you alerts or other communications;
  • To notify you about new features and offerings, including, but not limited to, discounts, events, products, other services, and/or special offers;
  • To respond to your User Content submissions;
  • To process and respond to your inquiries;
  • To contact you with information that we believe may be of interest to you;
  • For internal research and reporting;
  • To improve the content and features of the Properties;
  • To allow us to personalize the content and advertising that you see on the Properties (if applicable);
  • To enforce the legal terms that govern your use of the Properties;
  • To administer and troubleshoot the Properties; and
  • To share your information with reputable third parties who may provide you with information about their products and/or services that may be of interest to you.

OFFBRAND might further keep certain information that is necessary to operate the Properties or otherwise as legally required. OFFBRAND may report externally on anonymized data of users age 16 and older.

Information provided by other sources

We may also obtain Information about you from other sources. We only collect Information from other sources where they have confirmed to us they are legally entitled to share it with us, or you have authorized us to do so. These other sources may include advertisers, app developers and social media partners, developers of the games we publish, etc. For example, one of our partners could inform us about the purchases you have made in its store.

We may receive personal data about you from third party companies’ products and/or services that are used in conjunction with our Service, whose products and/or services may be linked to our Service, and/or whose products we publish (e.g., videogame developers). This additional data may be added to the data already collected from or about you through our Service.

03 Minors and parents

We acknowledge that minors have the right to specific protection with regard to their personal information, since they may be less aware of the risks, consequences and guarantees involved. Specific protection applies, for example, to the use of minors' personal information for marketing purposes or to the preparation of personal or user profiles. Based on the foregoing, minors under the ages of eighteen (or the applicable age of majority in their jurisdiction) are restricted from submitting any User Content through the Properties without parental/guardian consent.

OFFBRAND does not knowingly collect or store any personal information from minors under the age of consent in the jurisdiction where the minor is located without parental consent. Furthermore, OFFBRAND does not knowingly collect or store personal information from any minors under the age of 16, from anywhere in the world. Minors under the age of 16, regardless of what jurisdiction they are located in, are prohibited from using the Properties (including, without limitation, creating an Account through the Properties). However, we may collect technical information required for delivering the service and for the support of our internal operations from all users of the Properties. If parents/guardians believe that we have unintentionally collected their children's personal information or otherwise used their children's personal information for another purpose, they should reach out to us via the Contacting Us section below. Parents/guardians should contact OFFBRAND immediately if they have any concerns.

04 Your choices

You have choices over the Information provided by you and by other sources, and how that Information is used by OFFBRAND. You can exercise your choices by (i) unsubscribing from any email newsletter or messaging system, or (ii) sending a request to us, following the procedure described in the Contacting Us section below.

If you do not want to provide OFFBRAND with personal information, then you can and should choose not to provide it.

Please note that in the event you do not provide us with certain Information or allow us to utilize certain tools, we may be unable to provide the full scope of the Services to you.

Commercial and marketing communications: We use the Information we collect or receive to communicate directly with you. We may send you emails containing newsletters, promotions and special offers. If you do not want to receive such email messages, you will be given the option to opt out or change your preferences. We also use your Information to send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices). If you opt-out of receiving email marketing communications from us, please note that we may still contact you occasionally to provide you with service-related information for the Properties.

How long we keep your Information and User Content: OFFBRAND may retain your Information and User Content for a commercially reasonable time for backup, archival, or audit purposes.

05 Sharing information

We may share your Information with:

  • Other companies owned by or under common ownership as OFFBRAND, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies will use your personal information in the same way as we can under this Policy;
  • Third-party vendors, consultants and other service providers that perform services on our behalf, in order to carry out their work for us, which may include identifying and serving targeted advertisements, content or service fulfillment, or providing analytics services;
  • Third-parties who you expressly grant us permission to share your personal information with;
  • The public and other members of the Service at your request. Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings. To change your privacy settings on the Service, please change your profile settings, if applicable, or contact us using the instructions in the Contacting Us section below;
  • Other parties in connection with any company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy or related or similar proceedings; and
  • Third parties as required to (i) satisfy any applicable law, regulation, subpoena/court order, legal process or other government request, (ii) enforce our Terms of Use Agreement, including the investigation of potential violations thereof, (iii) investigate and defend ourselves against any third party claims or allegations, (iv) protect against harm to the rights, property or safety of OFFBRAND, its users or the public as required or permitted by law and (v) detect, prevent or otherwise address criminal (including fraud or stalking), security or technical issues.

Please note that any information, including personal information that you reveal in a bulletin board, message board, chat room or other public forum is publicly viewable. When you post personal information publicly through the Properties, if applicable, it may be viewable by other users of these sites and we cannot prevent further use of the personal information by third parties.

Vendors

Vendors may provide goods and services (for example, billing, consumer services support, consultancy, information technology hardware and software) to OFFBRAND in order to support, operate and develop the Properties and to deliver marketing communications on our behalf and provide benefits to users of the Properties, like you. Vendors use your Information to execute, deliver and/or from time to time improve the services they provide. We do not share Information with vendors to use for their own direct marketing purposes or any other purpose other than those set out in this Privacy Policy without your consent.

Law

We will disclose your Information in the good faith belief that we are required to do so by law, including but not limited to disclosure to law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you, us, or our affiliates to legal liability.

This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.

Legal rights

We will disclose your Information where necessary for the purpose of exercising, establishing or defending our legal rights. For example, we will review your communications and other Information in order to investigate allegations of hacking or any other breach or alleged breach of any applicable Terms of Use or this Privacy Policy and disclose your personal information, including communications, to our legal advisors, consultants and law enforcement or other government officials.

Protecting others

We disclose your Information to third parties where we believe this is necessary to protect the rights, property or safety of any person. For example, we disclose Information relating to an online account if we in good faith believe the user of that account is using it in ways that are harmful to others (e.g. making inappropriate contact with minors).

Sale of our business or assets

Separately, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, OFFBRAND's customer information, including Information and communications, may be transferred to our successor or assign.

06 Security

OFFBRAND takes a range of security measures designed to protect your personal information and keep it confidential (unless it is non-confidential by nature, for example, publicly-available information). We also take steps to ensure that the personal information collected is protected from misuse and alteration. In addition, we request vendors who process personal information on our behalf to themselves take a range of security measures designed to help protect your personal information. However, the Internet by its nature is not a secure environment and the nature of security risks is constantly evolving, as are the technical and organizational industry standards relating to management of those risks. The complete security of any personal information collected, stored or used by us or our vendors cannot therefore be guaranteed. In the event any Information under our custody and control is compromised as a result of a data security breach, we will take steps to investigate and remediate the situation and, in accordance with applicable laws and regulations, notify those individuals whose information may have been compromised.

07 Accessing information and retention period

If for any reason you are concerned with the way we are using your personal information, or would like to correct, view, update or request that we delete such personal information, you can send your request to us using the Contacting Us section below.

Retention period

We delete your personal information which we process for the performance of the contract or based on your consent in case you terminate your contract with us, withdraw your consent, or where you request us to delete your personal information in accordance with this Privacy Policy. As an exception, we will not delete your personal information where we still have a legitimate interest to use your personal information, to enforce our Terms of Service or other agreements, and/or to the extent permitted by law. For example, we may still retain your personal information to resolve disputes, enforce our Terms of Use or other user agreements, or comply with legal requirements; in this case, your personal information will be blocked from use for any other purpose. In any case, we will not retain or use your personal information longer than necessary for the purposes outlined in this Privacy Policy. Due to technical reasons, residual copies of Information that has been removed from your account and/or the Properties may remain in our backup systems.

08 Contacting Us

Please contact OFFBRAND at the Contact Address set forth below if you would like to request any of the following:

  1. That OFFBRAND erase your personal information.
  2. A copy of the personal information OFFBRAND has about you.
  3. That your personal information be corrected.
  4. That restrictions be added in the way your data is processed.
  5. To object to the way your data is being processed.
  6. For other Information related issues

Contact Addresses:

  • [email protected] (use Subject Line: Privacy Policy Request)
  • OFFBRAND Cooperative, Inc., ATTN: Privacy Policy Request, 759 Arrow Grand Circle, Covina, CA 91722

09 California privacy rights

Since 2005, California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not share our customer's personal information with unaffiliated third parties for their own direct marketing purposes, without their approval.

The California Consumer Privacy Act of 2018 (the “CCPA”) grants California residents the following rights with regard to the personal information we collect about you: (i) the right to know what personal information we have collected about you, and the purpose for which it was collected in the past twelve (12) months; (ii) the right to request that we delete any personal information we have collected from you (subject to certain exceptions, as outlined in the CCPA and CPRA); (iii) the right to opt-out of the sale of your personal information; and (iv) the right to non-discrimination for exercising your rights herein. We do not sell your personal information, but if we did, California residents would have the right to opt out of the sale of your personal information, pursuant to the rights granted above.

The California Privacy Rights Act (the CPRA) amended and expanded the existing CCPA laws governing consumer privacy and data rights for California residents. CPRA grants special protection to California consumers' data pertaining to government identifiers, financial account login information, precise geolocations, genetic data, biometric information, race, ethnicity, religious and/or philosophical beliefs, union memberships, content of non-public communications, and data relating to your sex life and/or sexual orientation (collectively, “Sensitive Personal Information”). In addition to the rights granted by the CCPA, the CPRA grants California residents the following rights regarding the personal information we collect: (i) the right to request that we limit our use and discloser of your Sensitive Personal Information; (ii) the right to correct any inaccurate personal information; and (iii) the right to opt-out of the sharing of your personal information with any third party. OFFBRAND does not currently meet any of the legal thresholds which would subject OFFBRAND (and your personal information) to the CPRA; in the event OFFBRAND does meet the applicable legal thresholds, OFFBRAND shall comply with the CPRA, and your rights granted thereunder.

We shall not discriminate against you based upon the exercise of any of the above rights. If you are a California resident and wish to opt out of having your personal information shared with third parties, opt out of receiving information from OFFBRAND about new products, services, or promotions, and/or exercise any other California privacy right, please contact us in accordance with the Contacting Us section above. We will be happy to honor your request.

We will be happy to review, update or remove Information and/or content as appropriate. Residual copies of Information and/or content that have been deleted may remain in our backup systems. We may still retain your Information to resolve disputes, enforce our user agreement, or comply with legal requirements; in this case, your personal information will be blocked from use for any other purpose.

10 Other states privacy rights

In the United States of America, other states have passed privacy laws to protect the privacy and data of their residents. Notably, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Virginia, and Utah all grant (or will grant in the future) protections to state residents concerning certain use of resident's data. OFFBRAND and the Websites do not currently meet any of the legal thresholds which would subject OFFBRAND (and your personal information) to the data protection laws in Colorado, Connecticut, Utah, or any other state; in the event OFFBRAND does meet the applicable legal thresholds, OFFBRAND shall comply with the applicable data protections laws, and your rights granted thereunder, which may include (as set forth in the applicable state law) allowing applicable residents to: (i) confirm whether we process their data, (ii) access and delete certain personal information, (iii) correct inaccuracies in their personal information taking into account the information nature processing purpose (excluding Iowa and Utah residents), and (iv) opt-out of personal data processing for targeted advertising, sales, or profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).The exact scope of these rights may vary by state. For more information, see the Contacting Us section below.

11 Users outside the USA

We only process or transfer your Information where we can rely on legal grounds and appropriate safeguards to do so. Your Information may be transferred to and processed in the United States where many of our central databases operate or other countries where our vendors maintain facilities or business operations. You may have additional rights regarding your Information if you are located outside of the USA. At this time, OFFBRAND does not meet the thresholds which would subject OFFBRAND (and your data) to the General Data Processing Regulation (the “GDPR”); in the event OFFBRAND does meet the applicable legal thresholds, OFFBRAND shall comply with the GDPR, and your rights granted thereunder. If you have questions, please contact us using the contact details set out in the Contacting Us section below.

No matter where the Information is located, OFFBRAND takes commercially reasonable measures to safeguard your privacy rights in accordance with this Privacy Policy. If you do not agree to the collection, processing, storage and transfer of your Information, please do not provide your Information when requested and stop using our websites and other online products and services.

12 Do not track

Although we respect and value your privacy, OFFBRAND does not currently respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy regardless of whether a DNT signal is received.

13 Closing

We reserve the right to change this Privacy Policy. Every modification will be announced on this page. We advise the users of our website to regularly check this page if adjustments have been made. The current Privacy Policy has been updated October 1, 2024.