CLAMSHELL PRIVACY POLICY

Scope of This Policy

This Privacy Policy explains how we collect, use, disclose, and protect any information that identifies, relates to, describes, or can reasonably be linked to an individual, as defined under applicable privacy and data protection laws (“Personal Information”) provided by you when you visit our website at Clamshell.ai (the “Site”), and our online video game platform and related applications, including the ability to enter AI-generated “worlds” and create content using artificial intelligence tools within the Site (collectively, the “Services”).

By accessing or using the Services, you consent to our collection, storage, use, and disclosure of your Personal Information as described in this Policy. This Policy should be read together with our Terms of Service.

Services can currently be used without creating an account. This Policy describes what we collect both from visitors browsing or playing without an account and from registered users.

For purposes of this Privacy Policy, the terms “Clamshell” “we,” “our,” or “us”, refer to Make Work Fun Corp., and “you”, refers to you, as a visitor or user of the Site or the Services. All terms not defined here have the meanings given in our Terms of Service.

Information We Collect

All Personal Information that you provide to us when registering or using the Site will be stored by us and processed in accordance with this Privacy Policy. You represent and warrant to us that you have the right and authority to provide us with all the Personal Information you provide about yourself and/or others.

Clamshell does not intentionally collect special-category or sensitive Personal Information, such as biometric identifiers, or health information, and instructs you not to upload such information.

1) Information Collected Automatically

When you access or use the Services, certain technical and usage information may be collected automatically by our hosting infrastructure and service providers, which may include:

  • IP address and approximate geographic location
  • Device, browser, and operating system information
  • Log data (e.g., date/time of access, pages or features viewed, session duration)
  • Data and content that you create, upload, or otherwise provide through the Services
  • Usage and gameplay data, such as worlds visited, features used, information about your Creations or play, how long and when you play, and the actions you take while playing, and general interaction with the Site.
  • Data related to transactions on the Service, including data about payment methods, billing details, transaction amounts, address, and subscription type. Payment data shall be primarily collected by Third-party service providers but we may receive certain payment related data.
  • Tracking technologies, such as cookies and pixels, to collect information about your interactions with our website and communications
  • anonymized or aggregated gameplay and prompt data for analytics, moderation, and service improvement. Such data does not identify you personally

Personal Information will be collected by Clamshell when you interact with our Services. This includes, without limitation, when you register on our platform, when you create and build Creations, upload content or submit prompts, commands, or other inputs through the Services. Clamshell also collects data about your account and account settings. In addition, data may be collected when you use collaboration features that involve interaction with other users or worlds.

The Service does not include an in-app chat, voice chat, or messaging feature, so we do not collect chat, voice, or messaging content from users.

2) Information You Voluntarily Provide

Certain features of the Services require you to register for an account. When you register, we currently collect:

  • Email address
  • Payment information

If you contact us for support or other inquiries, we collect the information you choose to provide in that communication.

3) AI Prompts and Generated Content

When you use the Service’s AI creation tools, we collect the prompts and inputs you submit and process them to generate Creations. Prompts and related data may be shared with our underlying AI model provider(s) to provide this functionality. We may retain records of prompts or content created through the Services to operate, secure, moderate, and improve the Services, including to investigate and enforce bans, but we do not use identifiable Personal Information to train general‑purpose AI models.

4) Cookies and Tracking Technologies

The Services may use cookies or similar technologies to (i) support the functions of the Services; (ii) measure feature adoption, diagnose errors, track user interactions, and improve service performance; and (iii) remember your preferences (such as language, or layout). We do not currently use cookies for third-party advertising or cross-site tracking, but we may run advertising campaigns on third‑party platforms to promote our Services. If this changes, we will update this Policy in accordance with section 13 below.

Purpose and Use of Information

We use the Personal Information described above for our business purposes. More specifically, we collect and process Personal Information for the following purposes and uses:

  • To create, operate, and maintain your account;
  • To provide, operate, host, and improve the Services, including AI content-creation features;
  • To tailor and personalize features and functionality based on your use of the Services;
  • To process AI prompts to generate in-Service content;
  • To troubleshoot and debug the platform and monitor and analyze activity on the platform
  • To monitor for, investigate, and enforce our Terms of Service, including banning users for violations;
  • To maintain the security and integrity of the Services and prevent fraud or unauthorized activity;
  • To communicate with you in connection with the Services, respond to your inquiries and provide customer support;
  • for marketing purposes, including advertising on third party platforms, developing and providing promotional and advertising campaigns, analyzing the effectiveness of advertising and marketing campaigns;
  • To detect, prevent, and investigate issues that may involve fraud, security, and other malicious activity;
  • To comply with applicable laws and legal obligations.

We may use anonymized or aggregated data derived from Your Content and Creations to improve our AI models and Services. Such data will not identify you personally. We do not sell, rent, or trade your Personal Information to third parties for their own marketing purposes.

Disclosure of Information

We may disclose Personal Information in the following circumstances:

  • To Service Providers: We may share Personal Information with third-party service providers, vendors, contractors and consultants who perform services on our behalf, such as hosting, AI processing, analytics, payment processing, billing providers, and customer support, among others.
  • For Legal and Safety Reasons: We may disclose Personal Information when required by law, regulation, subpoena, or court order, or when we believe in good faith that disclosure is necessary to comply with applicable law or legal obligations, protect the rights, property, or safety of Clamshell, our users, or the public, and/or detect, prevent, or address fraud or security issues. We may additionally disclose Personal Information to our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.
  • Business Transfers: In connection with a merger, acquisition, financing, restructuring, or sale of assets, Personal Information may be transferred to the new entity, which will be required to comply with the commitments in this Policy.
  • Affiliates and Corporate transactions: We may share Personal Information between and among Clamshell and any current or future parents, affiliates, subsidiaries, and other companies under common control and ownership. We may additionally disclose Personal Information in connection with, or during negotiations of certain corporate transactions, including the merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
  • To other Users: Your username, and other profile information, if any, may be viewable and searchable by other users. The content you post to the Services, including your Creations, may be displayed on the platform and visible to other users.
  • Marketing: We may disclose Personal Information to third parties for the purposes described in Section 3 above.
  • With Your Consent: For any other purpose disclosed to you at the time of collection, or with your consent.

Marketing communications

We do not currently send marketing communications via emails. Notifications about game updates or new features are provided through in‑game pop‑ups or via our voluntary Discord community. If any of these practices change in any way, including the introduction of email communications, this Privacy Policy will be updated to reflect such changes, in accordance with Section 13 of this Policy.

Virtual Currency and Payments

The Services may introduce a system of credits or tokens (collectively, “Virtual Currency”), which may be referred to as “clams,” “pearls,” or other names. Virtual Currency may be purchased with real money, earned through participation in the Services, or granted through promotions, and may be required to access certain AI‑powered features or premium content.

If you purchase Virtual Currency, we collect and process payment information through our third‑party payment processors. We do not store full payment card details on our systems. We may record your Virtual Currency balance, transaction history, and usage activity. We use this information to operate the Services, process transactions, prevent fraud, provide customer support, and comply with legal obligations. We may also use anonymized or aggregated transaction data to improve the Services and analyze usage trends.

Virtual Currency has no cash value, is not redeemable for real money, and may not be transferred, sold, or exchanged outside the Services except as expressly permitted.

We retain records of Virtual Currency balances and transactions for as long as necessary to provide the Services, comply with legal obligations, resolve disputes, and enforce our agreements, and in accordance with Section 7 of this Policy.

If any of these practices change in any way, including the introduction of new payment methods, redemption options, or modifications to the Virtual Currency system, this Privacy Policy will be updated to reflect such changes. Depending on your jurisdiction, you may have rights to access, correct, delete, or request portability of your Virtual Currency transaction data.

Data Retention

We retain Personal Information for as long as your account remains active and you continue to use the Services, and for so long thereafter as reasonably necessary to comply with our legal obligations, resolve disputes, enforce our agreements, and support the purposes described in this Policy. When we no longer need Personal Information for these purposes, we will take reasonable steps to delete or anonymize it.

Data Security

We implement reasonable administrative, technical, and physical safeguards designed to protect Personal Information from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the internet or electronic storage is completely secure. We cannot guarantee the absolute security of your information and encourage you to use caution when sharing Personal Information online.

Your Privacy Rights

1) Depending on the jurisdiction where you reside, you may have certain rights regarding your Personal Information. These rights may include the ability to request that we:

  • Inform you about the categories of Personal Information we collect, the sources of that information, the business or commercial purposes for which it is collected, and the categories of third parties with whom we share it.
  • Provide you with access to, or a copy of, specific Personal Information we hold about you.
  • Correct or update inaccurate or incomplete Personal Information.
  • Delete certain Personal Information we maintain about you, subject to legal or operational requirements.
  • Restrict or object to specific uses of your Personal Information, where permitted by law.
  • Opt out of processing of your Personal Information for profiling that produces legal or similarly significant effects, if applicable.

2) We do not and will not discriminate against you for exercising any of your rights. Notwithstanding the foregoing, certain Personal Information may be exempt from these requests under applicable law. For example, we may need to retain Personal Information to provide our Services, comply with legal obligations, or protect security. We may take reasonable steps to verify your identity before responding to a request. If we cannot verify your identity, we may be unable to fulfill your request. We will not discriminate against you for exercising any privacy rights you may have.

3) You may designate an authorized agent to submit requests on your behalf. To verify such an agent, you must provide signed, written authorization or a valid power of attorney. We may also verify your identity directly before processing the agent’s request, as permitted by law.

International Users and Data Transfers

Our Services are primarily hosted in the United States, and our infrastructure and service providers are expected to process data primarily within the United States. If you use the Services from regions of the world with laws governing Personal Information processing, you accept that you are transferring your data to the United States and other hosting jurisdictions for storage, access, and processing. By using the Services, you agree to such transfer, storage, and processing. If we do transfer Personal Information internationally, we will take steps intended to ensure appropriate safeguards are in place consistent with applicable law.

For users located in the European Economic Area (EEA), the United Kingdom, or Switzerland, Personal Information may be transferred to the United States or other jurisdictions whose privacy laws may not be considered “adequate” by European, UK, or Swiss authorities. When such transfers occur, Clamshell implements legally recognized safeguards to protect your Personal Information, including the use of European Union Standard Contractual Clauses (SCCs), the UK International Data Transfer Addendum, and Swiss‑adapted contractual mechanisms, or other equivalent measures approved under applicable law.

Children’s Privacy

The Services are intended for a general audience and are not directed to children under age of 18. You must be at least 13 years old to use the Services. If you are between the ages of 13 and 17, you represent that you have your parent’s or legal guardian’s permission to use the Services, and that your parent or guardian has read and agrees to these Privacy Policy on your behalf. Our Services are not directed to children under the age of 13, and we do not knowingly collect Personal Information from anyone under 13. If we become aware that a child under 13 has provided Personal Information, we will take steps to delete such information promptly. By using the Services, you represent that you are at least 13 years old. If you are a parent or guardian and believe your child has provided Personal Information to us, please contact us so we can remove it.

Security

We use technical, organizational, and physical measures designed to safeguard data. However, as our Services are hosted electronically, we can make no guarantees as to the security or privacy of your Personal Information. We take measures to delete your Personal Information or maintain it in a de-identified form when it is no longer necessary to be kept in identifiable form, unless we are required by law to keep this information for a longer period.

Changes to This Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, the Services, or applicable law. By continuing to use the Services after the effective date of an updated Policy, you acknowledge and agree to be bound by the revised terms. If you do not agree to the updated Policy, you should discontinue use of the Services.

State-Specific and International Rights

Depending on your location, you may have additional privacy rights.

1) If you are a California resident, you may ask us to disclose what Personal Information we have about you and what we do with that information, to delete your Personal Information, to direct us not to sell or share your Personal Information, to correct inaccurate information that we have about you, and to limit our use and disclosure of your sensitive Personal Information:

  • You can request us to disclose to you: (1) the categories and/or specific pieces of Personal Information we have collected about you, (2) the categories of sources for that Personal Information, (3) the purposes for which we use that information, (4) the categories of third parties with whom we disclose the information, and (5) the categories of information that we sell or disclose to third parties. You can make a request to know up to twice a year, free of charge.
  • You can request us to delete Personal Information we collected from you and tell their service providers to do the same, subject to certain exceptions (such as if we are legally required to keep the information).
  • You may request us to stop selling or sharing your Personal Information (“opt-out”), including via a user-enabled global privacy control. We cannot sell or share your Personal Information after we receive your opt-out request unless you later authorize us to do so again. We must respond as soon as feasibly possible to your request, up to a maximum of 15 business days from the date we received your request to opt-out.
  • You may ask us to correct inaccurate information that we have about you.
  • You can direct us to only use your sensitive Personal Information (for example, your social security number, financial account information, your precise geolocation data, or your genetic data) for limited purposes, such as providing you with the services you requested.
  • You also have the right to be notified, before or at the point we collect your Personal Information, of the types of Personal Information we are collecting and what we may do with that information.

2) Other State Residents: Residents of Virginia (VCDPA), Colorado (CPA), Connecticut (CTDPA), Texas (TDPSA), Florida (FPDPA), and other states with comprehensive privacy laws may also have rights similar to those described above. We will honor privacy rights requests submitted by residents of any U.S. state to the extent required by applicable law.

Governing Law

This Policy is governed by and governed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law principles. However, if you are located in a jurisdiction that grants you mandatory consumer protection or data protection rights under local law, those provisions will take precedence to the extent they conflict with this Policy.

Severability

If any provision of this Policy is found to be unlawful, void, or unenforceable under applicable law, that provision will be interpreted to achieve its intent as closely as possible, or, if impossible, deemed severed, and the remaining provisions will remain in full force and effect.

Entire Agreement

This Policy, together with the Terms of Service constitutes the entire agreement between you and Clamshell regarding privacy and data protection in connection with the Services.

Contact Us

If you have questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please contact us at:

Clamshell

Email: privacy@clamshell.ai

Website: clamshell.ai

We will respond to privacy-related requests within a reasonable time and no later than required by applicable law.