Gearbox Software®, LLC
GEARBOX SOFTWARE®, LLC
LAST UPDATED 01.30.20
Welcome to Gearbox!
Use of the Online Service is voluntary. This includes any channels provided for interacting with other Members. Some Members like to run with the pack, while some don’t; we understand both preferences. If you are uncertain about sharing data at all, please forego use of the Online Service entirely until you achieve whatever level of comfort you need. We have no desire to make the experience awkward or difficult.
Please don’t be bashful with your constructive compliments and criticisms—both are welcome. If you have any thoughts or ideas about where things are/aren’t working well, we want to know that. You can reach out to us directly to share your ideas at email@example.com.
To foster the Member community, we intend to convey—and support—various promotions via emails to Members. We’re determined to keep this from becoming annoying; if we’re failing, please let us know. Members who wish to do so, may use the “unsubscribe from this list” or “update subscription preferences” links located at the bottom of any email you receive from Gearbox; or you can delete your account to stop such communications.
All Members must be over the age of 13 to use our Online Services, and at least 18 years of age to access certain games. Gearbox does not intentionally collect personal information from children under the age of 13, and any such information will be deleted upon discovery. If you are a parent or guardian and are concerned about the transfer of personal information about your child, please do not allow your child to access the Online Services and contact firstname.lastname@example.org.
To fully enjoy the services available from Gearbox®, individuals should create a Gearbox SHiFT® account, and must respect the rights of others throughout their use. Like a bad roommate, Members who detract from the Online Service will be promptly evicted from the Gearbox community. No Member is entitled to use of the Online Service or its content at the expense of other Members.
Links to other websites are provided for Member convenience and information; those links have their own terms, conditions, and privacy policies. Members may also be bound by the separate terms of their respective software, products, platforms, hardware and equipment. We recommend that you carefully review all such terms.
Members understand and agree that the Online Service is provided “AS-IS” and without warranties or duties of any kind.
Again, the official Policy is below…game on!
- Information Gearbox collects
- Gameplay information Gearbox collects
- The limitations, if any, resulting from you not wanting to share personal information
- How we use information we collect
- How we share information we collect
- What choices you have with regard to the use of your personal information
- Links to other parties
- Children’s privacy
- How we protect your information
- Your California Privacy Rights
- Where information is stored
- How to contact us
You may choose to voluntarily provide us with various personal information and non-personal information through your use of the Online Services. We also may use “cookies” and other passive technologies including clear gifs to collect certain non-personal information from you in connection with your use of the Online Services, such as the pages you visit and the features you use. Our cookies are linked to your IP or MAC address.
INFORMATION GEARBOX COLLECTS
Personal information is information that identifies you and that may be used to contact you online or offline. Gearbox collects personal information from you on a voluntary basis. When you submit personal information to Gearbox, it will usually take the form of:
- Registration for Online Services, websites, products, contests, and special events;
- Subscribing to newsletters or alerts;
- Posting in or commenting on our message boards, forums, news blogs, chat rooms, or other Online Services;
- Purchasing products or services through our online stores;
- Using “tell a friend,” “email this page,” or other similar features;
- Requesting technical support;
- Downloading demos, programs, or software;
- Participating in polls, surveys, and questionnaires; or
- Otherwise through use of our software, including console products, mobile products, and personal computer products, and through the use of our online products or Online Services where personal information is required for use and/or participation.
The types of information collected in connection with the activities listed above can vary depending on your activity. The information we collect may include:
- first and/or last name;
- e-mail address;
- telephone number;
- photographic images, if uploaded by user;
- credit card number, if provided for purchases;
- IP or MAC address;
- game device identifier;
- user/game name; or
- demographic information (age, gender, date of birth), if provided by user in surveys or forums.
In addition, we may collect generalized geographic information about you or your systems, such as your hardware configuration, console ID, software products played, survey data, purchases, IP address and the systems you have played on. We may combine the information with your personal information. Prize winners may be required to provide additional information for prize fulfillment.
GAMEPLAY INFORMATION GEARBOX COLLECTS
SPECIAL NOTES ABOUT CERTAIN INFORMATION GEARBOX COLLECTS
Member Names & IDs/Gaming Consoles/Other Third-Party Services: Certain services offered by Gearbox, including multiplayer gaming and specialized websites, use third-party services to (i) provide authentication for the services; or (ii) associate a SHiFT account with a third-party account such as a gaming console ID, or gaming network service account. When you use a third-party authentication service or link your SHiFT account with a third-party account, you will be asked to provide account information associated with that third-party account. Certain membership information may be transferred automatically to Gearbox when you register to join SHiFT from a third-party gaming network system or link your SHiFT account with a third-party service, such as your friends list on that gaming network or social network service.
Public Information Including Message Boards, Forums, News Blogs and Comments: Whenever you give out personal information in public areas such as on a message board, chat room, comment field, or profile page, that information can be collected and used by other people. Information that you disclose in any of these forums is public information, for which no expectation of privacy or confidentiality exists. You should be aware that any personal information you submit in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages or identify you. If you post a video, image, photo, or other content through one of these services for public view, you should be aware that these may be viewed, collected, copied, and/or used by other users without your consent. If your screen name or an ID contains your real name, that name will be made publicly available on leaderboards and elsewhere. Therefore, you are strongly encouraged not to disclose personal information while using our services or use personal information to identify yourself while using our services. You are responsible for any public information or content you post using Gearbox’s services.
E-mail Correspondence: We may provide e-mail addresses or forms to which visitors can send us questions or comments, or which visitors can use to request customer support. In the process of receiving and responding to such requests, we may collect personal information about you, such as your e-mail address or any other personal data contained in the body of your e-mail message. By allowing you to send us these requests, we are not attempting to solicit personal information from you. We only use the information for the purpose of responding to your questions and/or comments or to provide customer support. In most cases, your message is deleted immediately after we’ve resolved your inquiry; however, in some instances, copies of your requests may be kept on file for our records, for legal and/or quality control purposes, or to provide ongoing support services you have requested. If we obtain actual knowledge that the person with whom we’re communicating is a child under the age of thirteen, we promptly delete the child’s e-mail address and messages.
In addition to responding to your email correspondence and sending you information you have requested via our email lists, we send activation emails and other transactional emails to your e-mail address as necessary. You may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive such messages, you have the option to deactivate your account.
WHAT HAPPENS IF I REFUSE TO PROVIDE MY PERSONAL INFORMATION?
Your refusal to submit personal information may limit your ability to participate in some activities, such as sweepstakes or the use of certain Online Services. As described above, regardless of registration we may publish gameplay boards and multiplayer match records containing certain information as a result of your use of the products, where they are essential components of the services we offer you and other users (e.g., your online ID).
- Cookies: A “cookie” is a small bit of record-keeping information that websites often store on a user’s computer. Our cookies are typically used to quickly identify a user’s computer, browser, or device and to “remember” things about prior visits (such as the user’s use of various features on the service). You can disable cookies or set your browser to alert you when cookies are being sent to your computer; however, disabling cookies may affect your ability to use certain Online Services.
- Web Beacons: A “web beacon” is an electronic image that allows websites to count users who have visited certain pages or viewed certain advertisements.
- Internet Log Files: Gearbox may also keep track of IP addresses used to access its Online Services for various reasons. An IP address is a number that is used by a networked device and will identify your point of connection to the internet. Depending on your network configuration, it may also identify your computer, or other device. A MAC address or other device ID identifies one specific piece of hardware. These log files are tied to your personal information in certain circumstances, such as if you have linked your console user account to Online Service accounts offered by Gearbox.
- Analytic Metrics Tools and Other Technologies: Other information that may be passively collected by Gearbox includes log files that record information about your hardware, product use, service use, or website use, including website navigation and game telemetry activity. We also use these log file entries for our internal marketing, service design, technical support, and demographic studies, so we can constantly improve the Online Services we provide you.
DO NOT TRACK
Gearbox honors but does not respond to Do Not Track (DNT) signals. Gearbox uses personal information (as stated above in Information Gearbox Collects) for Gearbox’s own use to identify Members over time during online gaming. Gearbox does not track Members across other websites.
Members may choose to use the DNT option on their electronic devices used to access the Online Services provided by Gearbox. DNT may interfere with some gaming features relating to generalized geographic areas, personalizations on your account, and game play where you might have to re-enter your date of birth each time you login to play a game. Gearbox does not retain date of birth information; it is strictly used for appropriate age access to games.
HOW WE USE INFORMATION WE COLLECT
Your participation in tournaments or other online game events is conditional upon our collection, use, storage, transmission and public display of statistical data (such as your scores, rankings, and achievements) generated through your participation.
Members of SHiFT may be automatically entered into sweepstakes as a result of their membership and/or use of certain services. Check frequently at www.gearboxsoftware.com for details regarding sweepstakes.
Online gaming and social networking services are by their very nature open communities where gameplay information including user name, game activity, and leaderboard rankings are publicly posted for other people to see. Therefore, Gearbox will automatically post certain information, such as your user/game name or ID and gameplay statistics, within the game, on Social Networking Services, on Online Services, or on specialized game websites. However, we will not post information that we know directly identifies you (such as your real name or email address) unless you provide that information voluntarily for such use. As with other gameplay information services, your gameplay, leaderboards, and multiplayer match information may appear nested in our games or third-party webpages via frames or widgets.
We may match and/or combine information collected in connection with various Online Services and display it publicly, including on our websites, in our games, or in multiplayer game lobbies. For example, if you associate your Company website account with a game console account, your in-game achievements may be displayed combining your website account name with your in-game achievements.
From time to time, Gearbox may use partners (including our publishing partners), affiliates, and vendors to perform services on behalf of, or in cooperation with, Gearbox. These partners, affiliates, and vendors provide support to Gearbox by operating some of the services we provide you such as contest entry collection, marketing, and email services. Although these partners, affiliates, and vendors, not Gearbox, may collect, use, or maintain the information in connection with the Online Services, for personal information and other information they use on our behalf or in cooperation with us, Gearbox still requires that they adhere to Gearbox’s stated privacy policies and that they not use the information for their own, or a third party’s, marketing purposes. The partners, affiliates, and vendors may communicate with you using the Gearbox name, the name of the Online Services, or the name of game.
HOW WE SHARE INFORMATION WE COLLECT
We may share your personal and other information with third parties in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or us to legal liability, including as required by law enforcement or other government officials. We also may share your personal and other information with third parties when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users, or others who may be harmed or may suffer loss or damage, or when we believe that disclosure is necessary to protect our rights, investigate, or enforce our policies, terms and conditions, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Gearbox.
In addition, your personal and other information may be disclosed to a potential or actual successor or assign in connection with a proposed or consummated merger, acquisition, reorganization, bankruptcy, or other similar event involving all or a portion of Gearbox, Gearbox’s customer information may be transferred to our successor or assign.
WHEN GEARBOX WILL ASK TO PROCESS YOUR INFORMATION
We may ask you for consent to collect or use your personal information for specific purposes, such as when we want to inform you by email about special offers or competitions or if you decide to link your account with us to a social networking service. We also process your information in order to fulfil your requests, such as to complete transactions with you and to allow you to play games online. We may also process your information in accordance with our policies or when required by law. We also process your information in accordance with law to support the interests of our business, operations, and services, such as to ensure the proper function, security, or integrity of our services.
YOUR RIGHTS TO REVIEW, CONTROL, CORRECT & DELETE THE USE OR DISPLAY OF DATA
You have the right to withdraw your consent for processing of your personal information for marketing purposes at any time. If you do not want to receive certain communications such as newsletters or promotional offers, you may indicate your preference at the time your personal information is requested or later opt-out by using the methods listed below. In addition to the methods below, along with every communication sent to you, Gearbox gives you the opportunity to discontinue receiving future communications on each communication it sends by providing links at the bottom of the email communication.
If for any reason you wish to unsubscribe to Gearbox mailing lists, please log in to manage your account or use the “unsubscribe from this list” or “update subscription preferences” links at the bottom of any Gearbox email message. To delete your Gearbox account, sign into your SHiFT account at https://shift.gearboxsoftware.com, click the “Other” link, then click “Delete My Account”. If you do not want your gameplay information to publicly appear via the Gearbox site(s), then you should visit and follow the instructions to opt out of our gameplay information services. Please note that, even if you opt out of participation in SHiFT, your gameplay information may still appear on certain gameplay boards including those hosted by third parties such as console manufacturers (including copies of those boards hosted on the Gearbox website and SHiFT) and Gearbox will continue to collect and store information regarding your usage of its games for internal purposes.
Data Retention: We will retain your personal information for as long as your account is active or as needed to provide the relevant services. After such time, we will either delete or anonymize your information or, if this is not possible (e.g., because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion occurs. If you wish to cancel your account or request that we no longer use your personal information to provide you services, please contact us as described herein. If your account is inactive for a period of time, it may be deleted. If information is changed or deleted, we may still retain some of your information in our files to resolve disputes, enforce our Terms of Service agreement, administer our services, comply with technical and legal requirements, and/or other constraints related to the security, integrity, and operation of our Online Services.
In all cases for our Online Services, we will respond to your request for access to update, delete, or correct inaccuracies to your personal information.
LINKS TO OTHER SITES
No one under the age of 13 is invited or eligible to become a user or Member. Gearbox does not knowingly collect personal information from children under 13 years old. If we become aware that a child under 13 has submitted information to Gearbox, we delete this information following its discovery. We encourage parents to instruct their children to never give out their real names, addresses, or phone numbers, without permission, when using the Internet.
WHAT SAFEGUARDS ARE USED TO PROTECT MY PERSONAL INFORMATION?
To protect your personal information, Gearbox follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity, and privacy of the information you have provided. Gearbox has security measures in place designed to protect against the loss, misuse, and alteration of the information under our control. Personal information collected by Gearbox is stored in secure operating environments that are not available to the public (e.g., locked rooms). To prevent unauthorized electronic access to personal information, Gearbox maintains information collected online behind a firewall-protected server and uses SSL encryption for accounts and purchases made through the Gearbox online store. However, no system can be 100% secure and human errors occur, so there is the possibility that there could be unauthorized access to your information. By using our services, you assume all such risks.
CALIFORNIA PRIVACY RIGHTS
This section provides information for California residents. Gearbox may require proof of California residency before responding to requests made under this section.
CALIFORNIA CONSUMER PRIVACY ACT OF 2018
Categories of Personal Information Collected
In the chart below, we identify each category of personal information that we have collected about our users in the last 12 months using the categories enumerated in the California Consumer Privacy Act (“CCPA”). For each category of personal information we have collected, we also identify (i) the source(s) from which the information was collected; (ii) the purpose(s) for which it was collected; and (iii) the categories of third parties, if any, with which it has been shared.
Each category of information is collected for the purposes listed below and (1) to provide our games and services, (2) for fraud prevention and legal purposes, (3) to secure our services and users, including to prevent cheating and bad behavior, and (4) for audit purposes.
|Categories of Personal Information||Sources||Purposes for Collection|
|Personal Identifiers, such as your account name, SHiFT ID, name, email address, phone numbers, social media handles||
|Protected Classifications, such as your age/date of birth||
|Commercial Information, such as your order details/history, subscriptions, refunds, payments, shipping details||
|Activity Information, such as your region, activity log, cookies, operating systems and versions, forum content||
|Inferences about a Person, such as your reputation, experience||
|Geolocation Data, such as your geolocation based on IP address, IP address||
|Customer Service, such as your account restriction history, case details, complaints and penalty histories, issue raised||
|Tournament/Match Data, such as your match details, team profile, performance stats, tournament details, player handle||
|Game Data, such as your purchased items in game, unlocks, social, progression||
Data within each of the categories of data above may be shared with third parties for the following purposes:
- With partners and service providers to operate our systems, deliver goods or services you have requested, or to assist us with marketing;
- With other players and/or the general public, through your use of certain features of our games and services;
- For legal reasons or in the event of a dispute;
- If necessary, to protect the vital interests of any person; and
- In connection with the sale of our business or assets
Rights of California Residents
Right to Know: If you are a California resident, you may submit, free of charge, but no more than twice in a 12-month period, a verifiable request for the following information:
- The specific pieces of personal information we have about you;
- The categories of personal information we collected, sold, or disclosed for a business purpose about you within the last 12 months;
- The categories of sources from which the personal information was collected;
- The purposes for which the information was collected or sold; and
- The categories of third parties to whom the information was sold, disclosed for a business purpose, or otherwise shared.
If possible, we will provide this information to you in a readily usable format that allows transmission to another entity.
Right to Delete: If you are a California resident, you may submit a verifiable request for us to delete any personal information we have collected about you. To submit a request, please email us at email@example.com. Email requests must include “Your California Privacy Rights” in the subject field. Within 10 days of receipt, we will confirm receipt of your request. We will provide a substantive response within 45 days, unless we need more time, in which case we will notify you. If we need additional information to verify your identity, we will contact you to request that information. If we are not able to verify your identity, we will deny your request to delete. If we deny your request, even if only in part, we will explain the reason in our response.
Right to be Free from Discrimination: We may not discriminate against you because you have chosen to exercise your rights, including, for example, by denying you access to our online services or charging you different rates or prices for the same online services, unless that difference is reasonably related to the value provided by your data.
Right to Opt-Out: California residents may opt out of the “sale” of their personal information, as defined by the CCPA. This does not include when:
- You direct us to disclose your personal information or use us to interact with a third party and the third party does not sell the personal information;
• We use or share an identifier solely to alert a third party you have opted out of the sale of your personal information;
• Your personal information is transferred as an asset as part of a transaction in which the third party assumes control of all or part of our business, in which case the third party would have to tell you in writing if it materially changes how the information is used or shared; and
• We use or share your personal information under a written contract with a service provider necessary to perform a business purpose. Here, the service the service provider performs is on our behalf, and our written contract prohibits it from keeping, using or disclosing your personal information for any purpose other than for the specific purpose identified in the contract.
Exercising Your Rights: To submit a verifiable request or to otherwise contact us for more information about how to exercise your rights, please follow the instructions above. If you would like to designate an authorized agent to make a request on your behalf, please be sure the agent can (i) demonstrate you have provided written permission for the agent to submit the request on your behalf, and (ii) provide proof of his or her own identity. If the agent does not satisfy these requirements, we will deny the request.
Children: Our Services are not directed to children, and we do not knowingly collect Personal Information from children under the age of 16. If you learn that a child has provided us with Personal Information, then you may contact us as indicated above.
TRANSFER OF YOUR INFORMATION TO THE UNITED STATES
All information collected or received by Gearbox in connection with the Online Services is collected in, processed in, or transferred to the United States of America. While your information is in another jurisdiction, it may be accessed by the courts, law enforcement, and national security authorities pursuant to the laws of those jurisdictions. If you are a consumer residing in the European Union, Gearbox relies on consent of the individual to transfer personal information from the European Economic Area (EEA) to non-EEA countries. By using our services, you expressly consent to such collection, transfer, and processing. Backup data, matchmaking data, and administrative data may also be stored on media or servers located in the United States of America.
OTHER TERMS FOR THIRD-PARTY PLATFORMS
You may be able to sign up for or access the Online Services through third-party platforms such as gaming consoles, mobile devices, other websites and social networking services. When you submit personal information to Gearbox via a third-party platform, your use of that platform is also governed by its terms of service, privacy policies and/or code of conduct. Please review each company’s governing policies before using their services.
HOW TO CONTACT US
If you are a Gearbox Online Services user located in the European Union, please indicate that in your email or letter, with the understanding that you may also have the right to complain to an EU data protection authority.
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