Privacy Policy

Smoking Gun Interactive Inc. (the “ Company ”, “ we ”, “ us ”, “ our ”) respect and uphold individual rights to privacy and the protection of personal information while balancing such rights with our need to process your personal information to manage our business and deliver our services to you. Based on applicable privacy and data protection principles common to Canada and other jurisdictions to which we are subject to, we have developed this privacy policy (the “ Policy ”) to explain our practices for processing your personal information. This Policy does not apply to our employees’ personal information or any anonymized information.

This Policy describes our practices with respect to how we may collect, use, disclose, retain, dispose and otherwise process (collectively, “ process ”) your personal information and how you may correct, update and access your personal information that you provide to us as a user of (a) the websites operated at,, forums moderated by us in relation to our products and services, and other locations from time to time‎ (the “ Website ”), (b) the video game titled Phobies and any other applications or other software we provide you (the “ Application ”) either through the Website or through any application distribution platforms such as the Valve’s Steam Store, Apple App Store or the Google Play Store, and excluding all third party software that may interact with the Service as defined below, and (c) the services we provide through the Website and the Application (collectively, the “ Service ”). This Policy references the general Terms of Service for the Company available at of which this Policy forms an integral part. All capitalized terms not otherwise defined herein have the meaning provided in our Terms of Service.

Our Service may contain links to other applications or Internet resources which are provided solely for your convenience and information. When you click on one of those links you are contacting another Internet resource. We have no responsibility or liability for, or control over, those other Internet resources or their collection, use and disclosure of your personal information. We encourage you to read the privacy policies of those other Internet resources to learn how they collect and use your personal information.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. By using our Service or otherwise by choosing to provide us with your personal information, you acknowledge and consent to the processing of your personal information in Canada and the United States in accordance with this Policy and as may be further identified when the personal information is collected.

If you do not consent to the processing of your personal information in accordance with this Policy, please do not access or continue to use any of the Service or otherwise provide any personal information to us.

1. Personal Information We Collect

For the purposes of this Policy, “ personal information ” means any information about an individual or any information that can be used, either alone or in combination with other information, to identify an individual, including but not limited to an individual’s name, home address, telephone number, email address, and excluding any other information exempted by applicable privacy laws.

When you use our Service, we may collect the following personal information from you:

  • Contact information such as name, email address, mailing address, and phone number;
  • Payment information such as billing address and credit card details;
  • Unique identifiers such as username, account number, and password; and
  • When you use our Service, we automatically collect certain information about your device, including ‎information about your web browser, IP address, and time zone. Additionally, as you use our Service, we collect information how you interact with the Service. We refer to this automatically-collected information as “ Usage Data ”.‎

Your personal information may be collected when:

  • You register for an account with us;
  • You connect with us through social media;
  • You make purchases on the Service;
  • You otherwise use the Service; and
  • We collect data from third parties or publicly available sources.

We encourage you to not provide us with any personal information beyond what is necessary and as requested by us.

Collection from Third Parties

We do not knowingly collect personal information from a third parties unless you consent or we are otherwise exempted, required or permitted by applicable laws to do so.

If we collect your personal information from a third party, we will only process that information for the specific purpose for which it was provided to us in accordance with this Policy and the policy under which that information was collected.

Links to Other Sites

To the extent that our Service contains links to other sites, the owners of those sites are responsible for the privacy practices or content of those other sites. We do not endorse and will not be responsible for the privacy practices on third party websites or applications.

2. Purpose for Which Personal Information is Processed

We may process your personal information for the following purposes (the “Purposes ”):

  • To verify and authenticate your identity;
  • To ensure that the Service is optimized for your use and benefit;
  • To analyze user experience and improve the Service;
  • To operate, maintain and provide to you the Service;
  • To communicate with you to provide you services, contacts, materials or recommendations for your needs as identified by you through phone, email, or the Service;
  • To carry out our obligations arising from any contracts entered into between you and us;
  • To comply with internal policies and procedures and other legal, accounting, or security requirements;
  • To share your personal information with our employees, contractors, consultants and other third party service providers such as application hosting providers, advertising agencies, payment processors or customer service agencies (“ Third Party Processors ”) who require this information to assist us with establishing, maintaining and managing our relationship with you and optimizing and providing the Service for your use and benefit. Please note that we may change or add Third Party Processors at any time, in our sole discretion, either in Canada, the United States, or elsewhere. We encourage you to reference this Policy from time-to-time, to obtain updated information.

We will only process your personal information for the Purposes for which we intend to process such information. Otherwise, we will not process your personal information without your consent.

3. Disclosure of Your Personal Information

We may disclose your personal information for the Purposes as described in this Policy in the following ways:

  • To our employees, contractors, and agents on an as-needed basis;
  • To our business partners;
  • To our service providers including application hosting providers, advertising agencies, payment processors and customer service agencies; and
  • To law enforcement, government or regulatory bodies, or other lawful authorities. ‎

Your personal information that we collect may be processed outside of Canada or the United States but only in relation to the Purposes. As a result, your personal information may be accessible to law enforcement and regulatory authorities in accordance with other jurisdictions’ applicable laws.

4. Legal Basis for Processing Your Personal Information


We will process your personal information only with your knowledge and consent, except where exempted, required or permitted by applicable laws. The form of consent may vary depending on the circumstances and the type of information being requested. Your consent may be express with clear options to say “yes” or “no”, such as by being asked to check a box to indicate your consent, or implied, such as when you provide us with your address through a form or email seeking information and we use those means to respond to your request. Your consent can also be provided by your authorized representative. Taking into account the sensitivity of your personal information, Purposes of collection, and your reasonable expectations, we will obtain the form of consent that is appropriate to the personal information being processed. By using our Service or otherwise by choosing to provide us with your personal information, you acknowledge and consent to the processing of your personal information in accordance with this Policy and as may be further identified when the personal information is collected. When we process your personal information for a new purpose, we will document that new purpose and ask for your consent again.

If you do not consent to the processing of your personal information in accordance with this Policy, please do not access or continue to use any of the Service or otherwise provide any personal information to us.

You may refuse to provide consent or may notify us at any time that you wish to withdraw or change your consent to the processing of your personal information without penalty, subject to legal or contractual restrictions and reasonable notice by (i) changing your privacy preferences through the Service or by (ii) deleting your account with the Service and stopping use of the Service. However, if you withdraw or change your consent, we may not be able to provide you with the Service through the Service.

Other Legal Bases

Aside from consent, we may also process your personal information under other legal bases, as permitted by the applicable laws.

5. Security of Personal Information

The security of your personal information is important to us. We protect personal information using physical, technological and organizational safeguards. We regularly review our practices to ensure they align with reasonable industry practices appropriate to the level of sensitivity to safeguard personal information against loss or theft, unauthorized access, alteration or disclosure.

However, no method of transmission over the Internet, or method of electronic storage, is completely secure; as such, despite our safeguards and protocols, we cannot fully guarantee the security of your personal information and you should always exercise caution when disclosing personal information over the Internet.

6. Requests for Access to and Correction of Personal Information

Applicable privacy laws allow, to varying degrees, individuals the right to access or request the correction of errors or omissions in their personal information that is in our custody or under our control. You may request access to and review of your personal information in our possession. However, access may be declined where permitted or required by applicable law.

You may request that we correct your personal information in our possession. We reserve the right not to change any personal information if we do not agree that it is inaccurate or outdated.

If access cannot be provided, we will notify the individual making the request within 30 days, in writing, of the reasons for the refusal.

7. CASL Policy

We are committed to compliance with Canada’s Anti-Spam Legislation (“ CASL ”). Any electronic communication we send to outside parties is protected by a range of business procedures, processes and policies to ensure that such communication is done in compliance with CASL. In our electronic communications with outside parties, we comply with the rules established by CASL and enforced by various Canadian authorities including the Canadian Radio-television and Telecommunications Commission. CASL regulates, and our policies generally apply to, each commercial electronic message (a “ CEM ”) that we send. A CEM is an electronic message sent to an electronic address that, among its purposes, encourages participation in a commercial activity.

In addition to adopting and updating this Policy, we undertake various transparency initiatives to ensure we comply with CASL, which include:

  • Consent — we do not send you CEMs without your consent. This consent typically must be “express” (expressly acknowledged by you), but in certain circumstances can be “implied”. In other limited circumstnaces, consent is not required. We modified or adopted our sign-up, registration and consent forms in order to ensure that your consent is meaningful (i.e. informed and freely given) as required by CASL. When we collect your electronic contact information, you will know the exact purposes behind the collection.
  • Content — we adopted processes to ensure that our CEMs contain the following requirements prescribed under CASL, which will usually be in the footer of the CEM. We will:
    • Identify ourselves as the party sending the CEM, and whether we are sending the message on our own behalf or on behalf of someone else;
    • Provide you with our contact information; and
    • Set out a clear, working unsubscribe mechanism or preference centre that is easy to use, automatic, and at no cost to you (other than your own cost of connecting to the Internet).
  • Clarity — we ensured that each aspect of a CEM, including its header, content, or any links or URLs in the CEM) conveys the appropriate information, whether viewed individually or taken as a whole, so that you always know what you are clicking on.

If you receive a CEM from us but believe that you should not have or no longer wish to receive CEMs, we will aim to respect your preferences in a timely manner once you update them through our unsubscribe mechanism. CASL requires us to process unsubscribe requests within 10 business days. If you have any questions or concerns about our unsubscribe options, you may contact us at the address indicated in Section 10 below.

8. Retention of Your Personal Information

We generally keep personal information for only as long as it is needed to accomplish the Purposes for which it was collected, or as needed for authorized or legitimate purposes. More specifically, we retain personal information as long as necessary for the fulfillment of the identified Purposes for its collection or as otherwise necessary to comply with applicable laws or protect our interests. When personal information is no longer necessary or relevant for the identified Purposes, or is required to be retained by applicable laws, we will take steps to have it deleted, destroyed, erased, aggregated or made anonymous. We use reasonable industry practices to ensure we have adequate controls, schedules and practices for information and records retention and destruction which apply to personal information.

9. Updates or Changes to this Policy

This Policy was last updated on January 7, 2022. We will occasionally update this Policy and revise the “last updated” date appearing in this paragraph.

If we make any material changes we will either (a) notify you by email (sent to the email address listed in your account), or (b) provide a notice on the Service or otherwise through the Service before the change becomes effective. Any change to this Policy will apply to existing information, as well as information collected onwards from the date that this Policy is posted or on the date as specified in the notification. We encourage you to periodically review this page for the latest information on our privacy practices to ensure you are aware of any changes. Your continued use of the Service signifies your acceptance of any changes to this Policy.

10. Contact Information for Privacy Officer

You can direct any questions or concerns regarding our compliance with this Policy and our processing of your personal information to our Privacy Officer by emailing

We strive to offer an accessible and simple complaint procedure. We will promptly investigate all complaints received, and if a complaint is justified, we will take the necessary steps to resolve the issue in question.

End of Policy