GEARBOX SOFTWARE, LLC
Last updated July 24, 2014
Welcome to SHiFT!
Obviously, use of SHiFT is voluntary. This includes any channels provided for interacting with other Members. Some Members like to run with the pack, while some don’t; neither preference is wrong. If you are uncertain about sharing data at all, please forego use of SHiFT entirely until you achieve the 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 firstname.lastname@example.org.
To foster the Member community, we intend to convey—and support—various promotions through SHiFT 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 SHiFT; or you can delete your account to stop such communications.
All Members must be over the age of 13 to use SHiFT, and at least 18 years of age to access some games in SHiFT. SHiFT does not intentionally collect personal information from children under the age of 13, and any such information will be deleted upon discovery.
To fully enjoy the services available through SHiFT, Members should create an individual account, and must respect the rights of others throughout their use. Like a bad roommate, Members who detract from SHiFT will be promptly evicted from the SHiFT community. No Member is entitled to use of SHiFT 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 SHiFT 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 THE COMPANY COLLECTS
Personal information identifies you and 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 often takes 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 other 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 Member activity. The collected information may include:
• first and/or last name;
• e-mail address;
• street and/or mailing address and zip code;
• 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, and the systems you have played on. If such information is collected for an activity that also requires personal information, we may combine the information with your personal information. Prize winners may be required to provide additional information for prize fulfillment.
All Members are encouraged to use a generic or creative user/game name, not their real name or email address, as their user name when they sign up for any online activity. User/game names are publicly displayed during online gameplay and can be seen by other players. Any perceived misuse of your email address should be sent to email@example.com.
GAMEPLAY INFORMATION THE COMPANY COLLECTS
When you use products or services on internet-capable hardware, Gearbox may receive information regarding your gameplay without any additional notice to you or actions taken by you. Gearbox may receive information such as a console ID, gaming service ID, game achievements, game scores and performance, or other device ID other console/device use information, or other information and statistics regarding your usage of the games. Information about gameplay may be collected while you are offline and transmitted to Gearbox when you next connect to the Internet whether or not you are currently logged into your Internet Connection from your console, handheld, mobile device, computer, or other gaming platform.
WHAT HAPPENS IF I CHOOSE TO NOT PROVIDE MY PERSONAL INFORMATION?
Your choice to not submit personal information may limit your ability to participate in some activities, such as sweepstakes or the use of certain Online Services.
• Cookies: A "cookie" is a small bit of record-keeping information that websites often store on a user's computer. Our cookies do not include people's names or e-mail addresses; they are typically used to quickly identify a Member’s computer, browser, or device and to "remember" things about prior visits (such as the Member’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 numerical 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 identifiers may be 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 information about your hardware, product use, service use, or website use, including website navigation and game telemetry activity. We also use this information 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 certain data (such as your scores, rankings, and achievements) generated through your participation.
Members of SHiFT, may enter contests as a perk of their membership and/or use of certain services. Check frequently at www.gearboxsoftware.com for details regarding contests.
We may 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. 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.
Some of our Online Services may allow you to link your account to or from SNS services. Certain membership information may be transferred automatically to Gearbox when you link your Online Service membership with an SNS account. Some SNS services also give you the option to post information about the Online Services to their websites to share with others.
Some of our Online Services offer SNS features and Widgets. These third-party SNS features may set a cookie to enable the Feature to function properly and may collect information about you when you use them, such as your IP or MAC address and which page you are visiting on our site. SNS features and Widgets are either hosted by a third party or hosted directly by our Online Services.
From time to time, Gearbox may employ vendors to perform services on Gearbox's behalf. These vendors provide internal support to Gearbox by operating some of the services we provide you such as contest entry collection and email services. Although these vendors, not Gearbox, may collect, use, or maintain the information in connection with the Online Services, Gearbox still requires that they adhere to Gearbox's stated privacy policies and that they not share your personal information with third parties or use the information for their own marketing purposes.
HOW WE SHARE INFORMATION WE COLLECT
We may share your personal 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 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, Members, 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 terms and conditions, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Gearbox.
In addition, your personal 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.
HOW TO REVIEW, CONTROL & CORRECT THE USE OR DISPLAY OF DATA
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 SHiFT) and Gearbox will continue to collect and store information regarding your usage of its games for internal purposes.
In addition to the above methods, if you wish to view, delete, or correct the personal information collected about you, you may also send an e-mail to firstname.lastname@example.org, or write to us (in English, please) at Gearbox Software, 101 E. Park Blvd., Suite 1200, Plano, Texas 75074. Please indicate your country of residence in your correspondence.
Data Retention: We will retain your personal information for as long as your account is active or as needed to provide the relevant services. 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. 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 our 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.
CALIFORNIA PRIVACY RIGHTS
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. Backup data, matchmaking data, and administrative data may also be stored on media or servers located in the United States of America.
HOW TO CONTACT US
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