Privacy Policy

PLEASE READ THIS PRIVACY POLICY CAREFULLY. IT DESCRIBES DETAILS ABOUT HOW WE COLLECT, USE AND DISCLOSE PERSONAL INFORMATION. IF YOU ARE UNDER 18, DO NOT PROVIDE ANY INFORMATION UNLESS YOU HAVE FIRST OBTAINED YOUR PARENT’S OR GUARDIAN’S PERMISSION.

Thank you for reading our Privacy Policy and visiting our websites located at sf.gearboxpublishing.com, www.arcgames.com, www.torchlight1.com, www.torchlight2.com, www.torchlight3.com, www.haveanicedeath.com, www.hyperlightbreaker.com, www.iplayufogame.com and www.remnantgame.com. Gearbox Publishing San Francisco Inc. (“Gearbox,” “we,” “us”) uses and maintains this Privacy Policy (“Policy”) that summarizes when and how your personal information is collected, used, safeguarded and disclosed in connection with your use of the websites located at sf.gearboxpublishing.com, www.arcgames.com, www.torchlight1.com, www.torchlight2.com, www.torchlight3.com, www.haveanicedeath.com, www.hyperlightbreaker.com, www.iplayufogame.com and www.remnantgame.com (or any subsequent URL which may replace them) and all officially associated micro-sites, mobile sites, subdomains, directories and subdirectories of such sites (collectively, the “Website”), any games and game platforms, clients software, downloaded software or servers operated by Gearbox through the Website or otherwise supported by Gearbox on the Website (the “Games”), and all features, functions, software and services offered through this Website. The Website, the Games and the features, functions, software and services offered through this Website collectively constitute the “Service.” It also describes the choices available to you regarding the use of, your access to, and how to update and correct your personal information. We reserve the right to change the provisions of this Policy at any time. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

What is personal information?

As used herein, the term “personal information” means information that specifically identifies an individual (such as a name, address, telephone number, mobile number, email address, or other account number), and information about that individual’s location or activities, such as information about his or her use of the Service, IP addresses or mobile device identifiers, when directly linked to personally identifiable information. Personal information also includes demographic information such as date of birth, gender, geographic area and preferences when such information is linked to other personal information that identifies you.

Personal information does not include “aggregate” information, which is data we collect about the use of the Service or about a group or category of products, services or users, from which individual identities or other personal information has been removed. Aggregate data helps us understand trends and our users’ needs so that we can better consider new features or otherwise tailor our Service. This policy in no way restricts or limits our collection and use of aggregate information.

What personal information do we collect?

Active Collection

Personal information may be collected in a number of ways when you visit or use our Service. For example, we may collect your name, address, email address, user name and other contact and demographic information when you register and set up an account, apply for a job, or contact us by email or other means for any reason. When you make a purchase, we may also collect your credit card or other payment or billing information. Personal and demographic information may also be collected if you provide such information in connection with creating a profile or group, leaving comments, posting content, sending an email or message to another user or participating in any interactive chat rooms, forums, social media platform or other features on the Website or Service, or when you use our Games. In addition, from time to time we may collect demographic, contact or other personal information you provide in connection with your voluntary participation in surveys, sweepstakes, contests, games, promotional offers, and other activities. You can access certain portions of our Service without providing us with any personal information. However, you will not be able to utilize certain features that require registration or receive materials unless certain information is provided. From time to time we may change the information requested upon registration or with respect to certain features or services, so this may not be a complete list.

From time to time we post customer testimonials/comments/reviews on the Service which may contain personally identifiable information. We do obtain the customer’s consent via email prior to posting the testimonial to post their name along with their testimonial. If you wish to update or delete your testimonial, you can contact us at privacy@gearboxsf.com.

Facebook Connect

You can log in to our Service using Facebook’s sign-in service (“Facebook Connect”). This service will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. We may also collect other information from Facebook, including, but not limited to, the user ID associated with your account, an access token necessary to access that service, any information that you have permitted Facebook to share with us, and any information you have made public on Facebook. If you allow us access to your friends list, your friends’ user IDs, and your connection to those friends, may be used and stored to make your experience more social, and to allow you to invite your friends to use our Service as well as provide you with updates if and when your friends join our Service. You should always review, and if necessary, adjust your privacy settings on Facebook before linking or connecting them to our Website or Service. You may also unlink your Facebook account from the Service by adjusting your Facebook settings. You may also have the option to post information about your activities on this Service to your Facebook profile page to share with others within your network.

Log Files

When you use the Service, some information is also automatically collected, such as your Internet Protocol (IP) address, your operating system, the browser or mobile device type and language, access times, the address of a referring website, and your activity on the Service. We also use website analytics tools on our Service to retrieve information from your browser or mobile device, including the site you came from, the search engine(s) and the keywords you used to find our site, the pages you view within the Service, your browser add-ons, and your browser’s width and height and other information that assists us in improving the Service. We also deliver advertisements and provide website analytics tools on non-Gearbox sites and services, and we collect information about page views on these third party sites as well. We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, it is used in the aggregate only.

Cookies and Tracking Technologies

By using the Service you agree that we may automatically collect certain information through the use of “cookies” or other similar tracking technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. We use cookies to gather general information about your use of the Service, the configuration of your computer and your computer’s or device’s interaction with the Service, and store this information in log files. We use this information to understand traffic on and the use of our Service, enabling us to improve the Service, provide the best online experience possible, and improve our customer service.  Our third party services also use cookies as described above. Users can control the use of cookies at the individual browser level. Cookies are small data files that are stored on a user’s hard drive at the request of a Website or the Service to enable the Website or the Service to recognize users who have previously visited them and retain certain information such as customer preferences and history. If we combine cookies with or link them to any of the personally identifying information, we would treat this information as personal information. Clear gifs (also known as web bugs or web beacons) are small, invisible graphic images that may be used on the Website or Service or in emails relating to the Website or Service to collect certain information and monitor user activity on the Website or Service. When you receive email from us, we may use web beacons, customized links or similar technologies to determine whether the email has been opened and which links you click in order to provide you more focused email communications or other information. If you wish to block, erase, or be warned of cookies, please refer to your browser or mobile device’s instructions or help screen to learn about these functions. You may not be able to delete or disable cookies on certain mobile devices and/or certain browsers. Remember, if a browser or mobile device is set not to accept cookies or if a user rejects a cookie, some portions of the Website or Service may not function properly. For example, you may not be able to sign in and may not be able to access certain Website or Service features or services. You may find out more specific information about our use of cookies and web beacons at our Cookie Policy. You can find out more information about how to change your browser cookie settings at http://www.allaboutcookies.org. To manage Flash cookies, please click here.

We may also use third parties to serve ads on our Service. These third parties may place cookies, clear gifs or other devices on your computer to collect information, and information provided by these devices may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Service and the other sites tracked by these third parties. This policy does not apply to, and we are not responsible for, cookies in third party ads or for compliance with such third parties’ privacy policies or data collection practices. The advertising industries in EU have developed schemes to help you opt-out of receiving cookies used for these purposes. You can find out more about the EU scheme from http://www.youronlinechoices.eu. If you would like more information about cookies and targeted advertisements or to opt out of having this information used by companies that are part of the Network Advertising Initiative, please visit http://www.networkadvertising.org/choices. Please note this does not opt you out of being served advertising. You will continue to receive generic ads. Please note that we have no access or control of any third party tracking technologies.

Device Identifiers

When you access the Service by or through a mobile device (including but not limited to smart-phones or tablets), we may use, access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by us. A device identifier may convey information to us about how you browse and use the Service. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

User Identifiers

When you access the Service, we use, access, collect, monitor and/or remotely store one or more “user identifiers.” User identifiers are small data files or similar data structure assigned to a user that will be used to enable you to continue in-game progress, use games across multiple platforms and help associate your identity across multiple platforms. A user identifier may convey information to us about how you browse and use the Service. A user identifier may remain persistently on your device or computer, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of user identifiers is impaired or disabled.

Location Data

When you access the Service by or through a mobile device, we may use, access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the Service. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.

Data Collected To Prevent Cheating and Unauthorized Software

When you run our Game software, this may involve software functions designed to detect cheating or unauthorized and malicious programs. In this context, we may access, collect, monitor and/or remotely store screenshots of game play, information relating to hardware capacity, modifications related to our Game software, signatures, profiles or names of known unauthorized or malicious third party programs, files or processes that enable or facilitate cheating, unfair advantage or hacking of the Games or Service. If unauthorized or malicious programs are detected, the Game software may also communicate to us the users account and User ID and information about the unauthorized or malicious program or its use.

Information collected in console games

When you access to a console game on a console platform (such as PlayStation™ Network, Nintendo Switch™, Microsoft Xbox, etc.), we collect the following information automatically through your use of the services: Internet Protocol (IP) address, log data (time and period), in-game items and behaviors, achievements you have completed in the game, other users you referred.

We also obtain information from third party sources. If you play our game on a network connected console of Sony, Sony may share with us your PSN Online ID, country, gender, age, "Friends" and block list in console platform. The sharing of such information by console platforms to us will be subject to the privacy policy of relevant console platforms: Privacy Policy of PlayStation™ Network, Privacy Policy of Nintendo Switch™, Privacy Policy of Microsoft Xbox.

From time to time we may change the information requested upon registration or with respect to certain features or services, so this may not be a complete list.

You can access certain portions of our Service without providing us with any personal information. However, you will not be able to utilize certain features that require registration or receive materials unless certain information is provided. The processing of this personal information is lawful as it is necessary for the performance of our Service.

How do we use personal information?

In general, we use personal information we collect to process your requests or transactions, to provide you with information or services you request, to inform you about other information, events, promotions, products or services we think will be of interest to you, to facilitate your use of, and our administration and operation of, the Service, to better understand the needs of our visitors, and for the purpose for which the information was provided. For example, we may use the information we collect:

• to send you a welcoming email and to contact you about your use of the Service;
• to provide the services, products or information you request and to process any transactions in connection therewith;
• to permit you to interact with other members of the Service on our forum, chat, social media or other similar features;
• to provide technical support, customer service and ensure the continued smooth operation of our service;
• for recruitment purposes, and if you are offered a job or become employed by us, for other employment-related purposes;
• to respond to your emails, submissions, comments, requests or complaints;
• to analyze user characteristics and usage patterns in order to better understand how our products and service are used and market them more effectively;
• to improve the content, products, services, and features of the Service, including personalizing content and experiences and advertising to you;
• to display content and advertising that are customized to your interests and preferences;
• to send you newsletters, surveys, contest and sweepstakes announcements and to notify contest and sweepstakes winners;
• to request feedback, perform research and analysis and to enable us to operate, develop, customize and improve the Service and our publications, products and services;
• to contact you about our or a third party’s services, products, activities, promotions, special events or offers and for other marketing, informational, product development and promotional purposes;
• to prevent or investigate actual or suspected fraud, hacking, infringement, or other misconduct involving the Service or any of our products and services.

In particular, in console games, we use your personal information to provide products and services you asked for, to communicate with you, to improve our services, and for other purposes including those set out below：

We collect Internet Protocol (IP) address, log data (time and period), in-game items and behaviours, achievements you have completed in the game, other users you referred through your use of the services. We will use such information to keep the record of your account and to improve the functionality of our Games and Services. Also, your information will be shared with us by Console Platform, including PSN Online ID, country, gender, age, "Friends" and block list in Console Platform. We will use such information to deliver the Console Games and service to you.

In order to offer you more consistent and personalized experience in your interactions with us, information collected through one offering or portion of the Service may be combined with information obtained through other offerings or portions of the Service. We may also supplement the information we collect with information obtained from other companies. For example, we may use services from other companies that enable us to derive a general geographic area based on IP address in order to customize certain services to your geographic area.

If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

Do we share personal information? If so, how we share your information?

We will share your personal information with third parties only in the ways that are described in this Policy. We generally do not disclose, sell or trade any personal information about our visitors and users to any third parties.

Our service providers

We may share personal information with vendors, consultants and other service providers (“Service Providers”) such as our credit card processor and our Live Chat vendor who are engaged by or working with us in connection with the operation of the Service and who need access to such information to carry out their work for us. We provide access to the information they may need to perform our services under reasonable confidentiality terms. In some cases, the Service Provider may be directly collecting the information from you on our behalf. We inform Service Providers that they are not permitted to use personal information they obtain from us other than to provide the services for us. However, we are not responsible for any additional information you provide directly to these Service Providers and we encourage you to become familiar with their practices before disclosing any personal information directly to such Service Providers.

We may share your information with third party partners or allow such third party partners to collect information from you directly in order to provide services to us, including serving you contextual or targeted advertisements, provide offers, surveys or marketing messages or providing analytic services.         

From time to time, we may also share personal information with third parties when you give us your consent to do so. For example, we may enter into relationships with other parties to make specific services or offers available directly to our users. If a user opts in to these third party services or marketing offers, for example by clicking through to a third party link, we may share the personal information you provide at the time of sign-up or such other personal information, such as your name or other contact information, that we deem reasonably necessary or appropriate for our business partner to provide these services or offers or get in contact with you. If you no longer want us to share your personal information with these companies, contact us at privacy@gearboxsf.com.

Our subsidiaries

We may share information with companies in the same group of companies as Gearbox, which 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.

Sharing in response to legal obligations

We may access, disclose or preserve personal information, including the content of your communications, in the good faith belief that we are lawfully authorized by public authorities or required to do so, including to meet national security or law enforcement requirements or that doing so is reasonably necessary or appropriate to comply with the law or with legal process or authorities, respond to any claims, or to protect the rights, property or safety of Gearbox, our users, our employees or the public, including without limitation to protect Gearbox or our users from fraudulent, abusive, inappropriate or unlawful use of our Service. Information we collect, including personal information, may also be disclosed or transferred as part of, or during negotiations of, any merger, sale, divestiture, or transfer of all or a portion of the company assets, financing or acquisition or in any other situation where personal information may be transferred as one of the business assets of Gearbox. You will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your personal information, and choices you may have regarding your personal information. We may also disclose your personal information to any other third party with your prior consent.

You understand that when you use the community features of our Service, information you post in public or private groups, forums, and other interactive areas of the Service, as well as any information you share with individuals through the Service, will be available to other users and in some cases (such as when you post to a public area of the Service) may be publicly available.

We recommend you be cautious in giving out personal information to others or sharing such information in public or private online forums. We are not responsible for the actions of any third parties with whom you share personal information. To request removal of your personal information from our community forums or other public areas, contact us at privacy@gearboxsf.com. Even if you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other users have copied or saved that information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Sharing due to merger, acquisition and similar situations of the transfer of company assets

Information we collect, including personal information, may also be disclosed or transferred as part of, or during negotiations of, any merger, sale, divestiture, or transfer of all or a portion of the company assets, financing or acquisition or in any other situation where personal information may be transferred as one of the business assets of Gearbox. You will be notified via email and/or a notice of any change in ownership, uses of your personal information, and choices you may have regarding your personal information.

Please note that nothing herein restricts the sharing of aggregate information, which may be shared with third parties without your consent.

International Transfer

In order to be able to also use your account on our Website and in our Service and to be able to choose a server located in the United States or in Europe for gaming, the information relating to your account and use of our games is transferred between Gearbox Publishing San Francisco, Inc. located in the United States and Gearbox Publishing Amsterdam BV located in The Netherlands. For Asian users only, the information relating to your account (open ID, account ID) and use of our games may be transferred to a server located in Asia.

Links to third party sites

Our Service contains links to other websites. Third party social media sites may log information about you, for example, if you click an “Add This” or “Like” button for a social media site while on our Website or Service. We do not control such sites or their activities. Any personal information you provide on the linked pages is provided directly to that third party and is subject to that third party’s privacy policy. We are not responsible for the content or privacy and security practices and policies of websites to which we link. Links from our Service to third parties or to other sites are provided for your convenience only. We encourage you to learn about their privacy and security practices and policies before providing them with personal information.

Game Updates

When we update or “patch” any of our games or other software, we may utilize a patch routine to verify whether the most recent version is installed on your computer. If not, the most recent version may automatically be uploaded to your computer, and you hereby consent to, and waive any further notice of, such upload. You understand and agree that when you download a game, in order to be able to use the game the Software may monitor and communicate information from your computer relating to hardware capacity.

Push Notifications and Local Notifications

We may, with your consent, send push notifications to your mobile device to provide game updates and other relevant messages. You can manage push notifications from your mobile device’s settings page for the relevant game and/or from the settings page within the relevant mobile game. We may also send local notifications to your mobile device to provide game updates and other relevant information. You can manage local notifications from your mobile device’s settings page for the relevant game and/or from the settings page within the relevant mobile game.

Monitoring

You understand and agree that when you communicate with other players within a game or utilize any interactive features available on the Service, such as instant messaging, forums or chat rooms, such communications and postings are transmitted through our servers, and we may, but are not obligated to, monitor all such communications and postings, including those that are designated as “private,” to the degree that laws and regulations enable us to do this. You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.

What steps do we take to protect personal information online?

Gearbox endeavors to take reasonable precaution to safeguard and secure the personal information we collect through the Service. We have put in place physical, electronic, and managerial procedures that are designed to prevent unauthorized access, loss, or misuse. For example, Gearbox uses SSL (secured socket layer) technology to encrypt your transmission of sensitive information to us, such as account passwords, credit card numbers and other payment-related identifiable information).

In addition, we restrict internal access to personal information to employees who need the information to perform their duties. The unauthorized access or use of such information by an employee is prohibited and constitutes grounds for disciplinary action. Additionally, our information management systems are configured in such a way as to block or inhibit employees from accessing information that they have no authority to access. You should note that our Service Providers may be responsible for processing, handling or storing some of the personal information that we receive. They are not authorized to market to you independently. These Service Providers are contractually required to safeguard and secure the personal information they received from us. Although we strive to protect your personal information, you should be aware, however, that information sent over the Internet is not necessarily secure and may be intercepted or accessed by third parties. Therefore, we cannot guarantee the security of such information, and we are not responsible or liable for any such interception.

What choices do you have regarding the use of your personal information?

Gearbox gives you certain options to control the collection, use, and disclosure of your personal information. We will ask for your consent before sharing your personal information with third parties in ways not covered by this Policy (including any use for direct marketing purposes).

When you create a Gearbox account (i.e., the account on our Service, excluding any account on the third party platforms, such as Google Play, Facebook, PlayStation^TM Network, etc.), you can manage the Privacy Settings of your profile. Please visit "My Account" section on the Website to change the Privacy Settings of your profile.

Gearbox may send you a welcome email, service and account related emails and may send you marketing and promotional email about our products and services. If you do not want Gearbox to send you marketing and promotional emails about our products and services, you can opt-out by following the unsubscribe instructions included in each promotional email. You may also manage email newsletters and updates in the "My Account" section on the Website. However, this shall not affect our ability to send you service and account related emails or to use your personal information as otherwise described in this Policy.

Gearbox may send you marketing and promotional postal mail about our products and services. If you would like to have your name, resume or any other personal information removed from our mailing list or our systems, you can do so by emailing privacy@gearboxsf.com.

Please refer to your browser’s or mobile device’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of browser or mobile device, it may not be possible to delete or disable tracking mechanisms. Note that disabling cookies and/or other tracking tools prevents us and our business partners from tracking your browser’s activities in relation to the Service, and for use in targeted advertising activities by third parties. However, doing so may disable many of the features available through the Service. If you would like more information about cookies and targeted advertisements or to opt out of having this information used by companies that are part of the Network Advertising Initiative, please visit www.networkadvertising.org/choices.

Children’s Privacy

Persons under the age of 13 are not eligible to use our Service. The Services are not directed to persons under 13. If we discover that we have inadvertently collected information from children under 13, we will delete the child’s information from our systems as soon as possible. If you become aware that personal information about a person under 13 has been provided to us, please immediately contact us using the details below. If you are under 18, you may not provide us with any information without previously obtaining consent from your parent or guardian.

Rights of California Residents

Scope of this Privacy Notice

This privacy notice describes the personal information we collect or process about California residents in connection with the Service, how we use, share, and protect that personal information, and what your rights are concerning personal information that we collect or process.

In this privacy notice, “personal information” has the same meaning as under the California Consumer Privacy Act (CCPA), California Civil Code Section 1798.83: information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information does not include information that has been de-identified or aggregated.

Personal Information We Collect and Share, and For What Purpose

In the past 12 months, we have collected and shared personal information from visitors in the following circumstances when they interact with the Service, as described in detail above:

• Active Collection
• Facebook Connect
• Log Files
• Cookies and Tracking Technologies
• Device Identifiers
• User Identifiers
• IP Address
• Broad Geographic Location (e.g. country or city-level location) based on IP Address

As described in detail above, we use your personal information for a variety of purposes to operate, assess activity on, and improve the performance of the Service.

Except as described in detail above, we will not share with third parties information about you without your consent.

Your Rights as a California Resident

Under California law, users who are California residents have specific rights regarding their personal information. These rights are subject to certain exceptions described below. When required, we will respond to most requests within 45 days unless it is reasonably necessary to extend the response time.

Right to Disclosure of Information

You have the right to request that we disclose certain information regarding our practices with respect to personal information. If you submit a valid and verifiable request and we confirm your identity and/or authority to make the request, we will disclose to you any of the following at your direction:

• The categories of personal information we have collected about you in the last 12 months.
• The categories of sources for the personal information we have collected about you in the last 12 months.
• Our business or commercial purpose for collecting that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you.
• If we disclosed your personal information to a third party for a business purpose, a list of the personal information types that each category of recipient received.

Right to Delete Personal Information

You have the right to request that we delete any of your personal information collected from you and retained, subject to certain exceptions. Upon receiving a verified request to delete your personal information, we will do so unless otherwise authorized by law.

How to Exercise these Rights

You may submit a verifiable consumer request to us for disclosure of personal information by emailing privacy@gearboxsf.com

We will respond to verifiable requests for disclosure or deletion of personal information free of charge, within 10 days of receipt.

In order to protect your privacy and the security of your information, we verify consumer requests by matching personal information that you provide with information in our possession, in order to confirm your identity. Any additional information you provide will be used only to verify your identity and not for any other purpose.

You may designate an authorized agent to make requests on your behalf. You must provide an authorized agent written permission to submit a request on your behalf, and we may require that you verify your identity directly with us. Alternatively, an authorized agent that has been provided power of attorney under Probate Code sections 4000-4465 may submit a request on your behalf.

Right to Opt Out of Sales of Your Personal Information

You have a right to opt-out of the sale of your personal information. You may, at any time, direct businesses that sell your personal information to third parties not to sell your personal information.

We do not sell your personal information and therefore do not provide any mechanism for you to exercise the right to opt out.

Right to Non-Discrimination

You have the right not to be discriminated against for the exercise of your California privacy rights described above.

For Non-California Residents: How to review, update, correct, or delete personal information

Upon request Gearbox will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information please submit a ticket using the Customer Support website: https://support.arcgames.com.

You may review, update, correct or delete your personal information collected through the Service by emailing us at privacy@gearboxsf.com or by contacting us at:

    Gearbox Publishing San Francisco Inc.

    100 Redwood Shores Parkway, 2nd Floor

    Redwood City, CA 94065

    Attn: Privacy Policy Request

Please note that certain types of personal information that is necessary to check eligibility, such as birth date or age, cannot be deleted unless you close your Account. However, such information may be modified with sufficient verification of the new information. Note that the deletion of your data may lead to the termination of your account and applicable services.

To have access to your personal information, you must provide sufficient proof of identification as we request, and we reserve the right to deny access to any user if we believe there is a question about your identity. We will respond to all access requests within 30 days.

Moreover, we reserve the right to retain your information in our files if we believe it is necessary or advisable to resolve disputes, enforce the Terms of Service, and for technical and legal requirements and constraints related to the Service.

Security

The security of your personal information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).

We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Service, you can contact us at privacy@gearboxsf.com.

International Users

Gearbox is a United States based company and our servers and business operations are located primarily is the State of California. By using our Service and providing us with information, you are consenting to the transferring, storing and processing of your information on computers located in the United States of America in the manner described in this Policy. You acknowledge and understand that the laws regarding personal information in the United States may be less stringent than the laws of your country and may not offer the same protections or rights as those laws. If you object to your personal information being transferred or used as described in this Policy, please do not use this Service.

Privacy Shield

Gearbox (and its partner studio, Cryptic Studios, Inc.) complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States.  Gearbox has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

Gearbox is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf.  Gearbox complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including Gearbox’s liability in cases of onward transfers to third parties.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, the U.S. Federal Trade Commission (FTC) has jurisdiction over Gearbox’s compliance with the Privacy Shield, including the FTC’s investigatory and enforcement powers. In certain situations, Gearbox may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Gearbox commits to cooperate with EU Data Protection Authorities (DPAs), and will comply with the advice given by such authorities with regard to human resources data transferred from the EU in the context of the employment relationship.

In compliance with the Privacy Shield Principles, Gearbox commits to resolve complaints about our collection or use of your personal information.  EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Gearbox by email at privacy@gearboxsf.com or by the address below:

    Gearbox Publishing San Francisco Inc.

    Attn: Legal Department Gearbox Privacy Shield

    100 Redwood Shores Parkway, 2nd Floor

    Redwood City, CA 94065

Gearbox has further committed to refer unresolved Privacy Shield complaints to JAMS International Arbitration Rules, an alternative dispute resolution provider located in the United States. The Tribunal will consist of a sole arbitrator. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint.  The services of our U.S.-based third party dispute resolution provider are provided at no cost to you.

Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration.

Contact Us

If you have any questions, concerns, or comments regarding this Policy, please contact us via email at privacy@gearboxsf.com.

Last updated: June 19, 2023