Trust, Privacy & Legal Center

This Privacy Policy details how Kirby & Co. ("we", "us", "our") collects, processes, and protects personal data when you interact with our web services at kirbyco.xyz, the TagBot Discord bot suite, and the Ban Appeals Portal located at kirbyco.xyz/appeal.

We operate in compliance with international privacy legislation, including the United States CCPA/CPRA, COPPA, the United Kingdom Data Protection Act 2018 (UK GDPR), and the European Union General Data Protection Regulation (EU GDPR).

Kirby & Co. acts as the Data Controller. Because our community and bot platform operates within the Discord ecosystem, all statutory data subject inquiries, deletion requests, and privacy questions are processed directly via verified tickets:

A. Information You Voluntarily Provide:

• Discord OAuth2 Identity (Ban Appeals): When you log into /appeal, we request standard read-only scopes (identify, guilds.members.read). We receive your Discord Snowflake ID, username, discriminator, and public avatar hash. We do not receive or store your email address, passwords, or direct messages.
• Ban Appeal Statements: Statements, explanations, and rule acknowledgements you submit in the appeal form.
• Community Art Attribution: Artist handle, Discord User ID, and artwork title displayed in the live showcase for credit.

B. Automated Security & Telemetry Data:

• Salted Cryptographic IP Hashes: Incoming network connections to protected endpoints are salted and converted into one-way cryptographic SHA-256 hashes. Raw IP addresses are never saved in plain text database tables.
• Session Security Cookies: An encrypted, HttpOnly, SameSite=Lax cookie (kirby_appeal_session) is used solely to maintain verified OAuth2 session state with CSRF protection.
• Aggregated Performance Insights: Vercel Speed Insights collects anonymized, aggregated page load metrics without third-party tracking pixels.

Under GDPR and UK DPA 2018, our processing is grounded on:

• Legitimate Interests (Art. 6(1)(f)): Mitigating automated bot attacks, enforcing community bans, and safeguarding platform uptime.
• Consent (Art. 6(1)(a)): Explicit authentication via Discord OAuth2 to access the ban appeal workflow.
• Performance of Terms (Art. 6(1)(b)): Adjudicating submitted ban appeals and maintaining community moderation records.

Under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), California residents have the right to opt-out of the sale or sharing of their personal information.

Kirby & Co. does NOT sell, rent, trade, or monetize personal information. We do not share data with third-party advertising networks, cross-context behavioral ad trackers, or data aggregators.

We rely on industry-standard cloud infrastructure partners:

• Vercel Inc. (USA): Global edge serverless hosting, DDoS protection, and privacy-preserving performance telemetry.
• MongoDB Atlas / MongoDB Inc. (USA): Cloud database with TLS 1.3 in-transit and AES-256 at-rest encryption.
• Discord Inc. (USA): OAuth2 authentication and API member status queries.

You hold comprehensive rights regarding your data:

• Right to Erasure ("Right to Be Forgotten"): Request complete deletion of your appeal records or art metadata.
• Right of Access & Portability: Request a copy of the stored data linked to your Discord User ID.
• Right to Rectification: Request correction of inaccurate moderation or appeal records.
• Non-Discrimination: We never deny service or degrade features for exercising statutory privacy rights.

To exercise your rights, use our Discord Ticket Helper to generate a formatted request, then submit it at discord.gg/9mWA66apdj.

Kirby & Co. and TagBot adhere to the Children’s Online Privacy Protection Act (COPPA) and international digital age requirements. Our services are strictly intended for users aged 13 or older (or 16 where required by local European law).

If we discover that a user under 13 has submitted personal information, we will immediately delete that information from all active databases.

These Terms of Service ("Terms") constitute a legally binding agreement between you and Kirby & Co. governing your access to kirbyco.xyz, the TagBot Discord bot suite, and the Ban Appeal Portal. If you do not agree with these Terms, you must discontinue use immediately.

A. Total Creator Ownership:

YOU RETAIN COMPLETE, UNCOMPROMISED INTELLECTUAL PROPERTY AND COPYRIGHT OWNERSHIP OVER YOUR ORIGINAL ARTWORK. Kirby & Co. does not claim ownership over any 3D renders, Roblox GFX, drawings, or digital illustrations created by community members.

B. Non-Exclusive Display License:

By posting your artwork in designated Discord showcase channels (e.g., #kirby-art, #artistic-place) or consenting to promotion by our art team, you grant Kirby & Co. a non-exclusive, royalty-free, worldwide, revocable license to display, scale, and generate preview thumbnails of your artwork on kirbyco.xyz with full attribution to your artist identity.

C. 48-Hour Takedown Guarantee:

You hold the right to revoke this showcase license at any time. Simply open a ticket at discord.gg/9mWA66apdj or use our ticket helper. We will permanently purge your artwork from our active web gallery and CDN caches within 48 hours of verification.

Kirby & Co. complies with Title 17, United States Code, Section 512 (Digital Millennium Copyright Act) and the UK Electronic Commerce Regulations 2002. As an interactive online service provider, we enforce an expedited notice-and-takedown protocol.

Filing a Notice of Copyright Infringement:

To file a compliant DMCA takedown notice, submit a ticket in our official Discord server containing:

• Identification of the copyrighted work claimed to have been infringed.
• Specific URL or Artwork ID on kirbyco.xyz where the material is located.
• Your contact information (name, Discord username, contact address/phone).
• A statement that you have a good faith belief that the disputed use is unauthorized.
• A statement made under penalty of perjury that the information is accurate and that you are authorized to act on behalf of the copyright owner.

Kirby & Co. is an independent, non-commercial fan community. All corporate trademarks, names, and character assets remain the sole property of their respective owners:

• Nintendo Co., Ltd. & HAL Laboratory, Inc.: Kirby trademarks and character designs.
• Roblox Corporation: "Roblox", avatar character models, and platform assets.

Artwork on this platform represents transformative fan art created under Section 107 of the US Copyright Act (Fair Use) and UK Fair Dealing. Kirby & Co. is not affiliated with, endorsed by, or sponsored by Nintendo or Roblox Corporation.

When using the ban appeal portal:

• No Guarantee of Reinstatement: Decisions are rendered at the sole and final discretion of the Kirby & Co. moderation team.
• Truthfulness: Falsifying identity or submitting troll/spam appeals will lead to permanent appeal forfeiture.
• Rate Limits & Security: Rapid-fire requests or exploitation attempts will trigger automated network firewall blocks.

In accordance with 47 U.S.C. § 230 (Communications Decency Act), Kirby & Co. operates as an interactive computer service provider and is not legally responsible for third-party user content.

ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, KIRBY & CO. AND ITS STAFF SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR BOT.