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<p>
<strong>Introduction:</strong> Grinding Gear Games complies with the New Zealand Privacy Act 1993 and other applicable privacy and data protection laws when dealing with personal information.
Personal information is information about an identifiable individual (a natural person).
This privacy notice forms sets out how Grinding Gear Games will collect, use, disclose and protect your personal information.
If you are based in the European Union and use the Website, Materials or Services, the GDPR Additional Terms set out below apply to you (“GDPR Terms”).
This notice does not limit or exclude any of your rights under the New Zealand Privacy Act or other applicable laws.
This notice should be read in conjunction with Grinding Gear Games’ Terms of Use.</p>
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<strong>Collecting Information:</strong> Whenever you access or make use of any of the Website, Materials or Services, Grinding Gear Games may collect the following types of information from you: </p>
<ol>
<li>information you provide directly to Grinding Gear Games, including: <ol>
<li>when you create a Member Account (as defined in clause 14 of the Terms of Use), your email address, user name and password;</li>
<li>if you purchase merchandise, your name, email address and postal address;</li>
<li>your purchase history and other information relating to transactions made through the Website.
and</li>
<li>information contained in your correspondence with Grinding Gear Games, for example, when you send us an email;</li>
</ol>
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<li>information collected during the course of your use of the Website, Materials or Services, including: <ol>
<li>character names and gameplay information;</li>
<li>any Posts or Images (as defined in clauses 10 and 11 of the Terms of Use);</li>
<li>Images (as defined in clause 11 of the Terms of Use);</li>
<li>your credited name (if any);</li>
<li>‘crash reports’ in the event that a PoE software crash occurs, which may include details of your Member Account, a portion of the memory state of the PoE game when the crash occurred and the game settings you were using, but not other information from your computer or its memory.
and</li>
<li>the IP address of your machine when connected to the internet, the operating system and the browser your computer uses and any search engine you are using, the date and time you are visiting, the URLs of the Website pages you visit and any telemetry details (such as speed of your connection and how well PoE game client is running) associated with your access and use of PoE.</li>
</ol>
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<li>information collected from third parties where you have authorised this or the information is publicly available.
and</li>
<li>information collected through our use of cookies or similar technologies.
Please refer to Grinding Gear Games’ Cookies Notice for further information, including information on how you can disable these technologies.</li>
</ol>
<p>You may be asked to provide billing information in relation to Website, Materials or Services, including your billing address and credit card information.
Grinding Gear Games uses Xsolla to process credit card transactions.
Grinding Gear Games does not have access to your credit card information.
You can view Xsolla’s privacy policy at: https://www.xsolla.com/privacypolicy/</p>
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<strong>Use of Information:</strong> .
</p>
<ol>
<li>Grinding Gear Games uses the information provided by you: <ol>
<li>to provide the Website, Materials and Services to you;</li>
<li>to verify your identity and verify that your Member Account is not being used by others;</li>
<li>to fulfil any orders for merchandise ordered through the Website;</li>
<li>to market products and services to you, including contacting you via email that you may choose (or opt in) to receive.
You can stop receiving Grinding Gear Games’ promotional emails by following the unsubscribe instructions included in those emails.
and</li>
<li>to respond to communications from you.</li>
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<li>Grinding Gear Games uses the information generated by your access or use of the Website, Materials or Services: <ol>
<li>to monitor the performance of the Website, Materials and Services and ensure that the Website, Materials and Services perform in the best manner possible;</li>
<li>for security and system integrity purposes.
and</li>
<li>to conduct research and statistical analysis (on an anonymised basis) (see more in the Statistics section of this privacy notice below);</li>
</ol>
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<li>Grinding Gear Games may also use your personal information: <ol>
<li>to protect and/or enforce Grinding Gear Games’ legal rights and interests, including defending any claim;</li>
<li>for any other purpose authorised by you, the Act or other applicable law;</li>
<li>to respond to lawful requests by public authorities, including to meet law enforcement requirements.
and</li>
<li>where this is necessary for Grinding Gear Games’ legitimate interests (except where such interests would be overridden by your fundamental rights and freedoms which require the protection of personal data).</li>
</ol>
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</ol>
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<p>Grinding Gear Games does not use personal information to make any automated decisions - automated processes do monitor gameplay to identify cheating and fraud but human intervention is applied in the decision-making process.
Information is gathered transiently for these purposes but is not stored.</p>
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<strong>Disclosing Information:</strong> Grinding Gear Games does not sell your personal data to third parties or provide such data to direct marketing companies or other such organisations without your prior consent.
Grinding Gear Games may disclose your personal information to: </p>
<ol>
<li>any business that supports Grinding Gear Games’ products or services, including any person that hosts or maintains any underlying IT system or data centre that Grinding Gear Games use to provide the Website, Materials or Services, or to process payments, or to fulfil merchandise orders;</li>
<li>its professional advisers e.g.
accountants, lawyers, auditors.
and</li>
<li>any other person authorised by you;</li>
</ol>
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</p>
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<p>Grinding Gear Games may disclose research and statistical analysis (on an anonymised basis) derived from your personal information to third parties (see more in the Statistics section of this privacy notice below).</p>
<p>Grinding Gear Games also may disclose information it holds about you without your prior permission if Grinding Gear Games reasonably believes that such disclosure is necessary to: </p>
<ol>
<li> meet legal requirements;</li>
<li>comply with legal process or help to maintain the law;</li>
<li>protect Grinding Gear Games’ rights or property or that of Grinding Gear Games’ related companies;</li>
<li>enforce these Terms of Use or any other agreement that Grinding Gear Games may have with you.
or</li>
<li>for Grinding Gear Games’ other legitimate interests (except where such interests would be overridden by your fundamental rights and freedoms which require the protection of personal data).</li>
</ol>
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<strong>Statistics:</strong> Grinding Gear Games may use and publish non-personal aggregate statistics and group data about those people who access or make use of any of the Website, Materials or Services and their usage of any of the Website, Materials or Services.</p>
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<strong>Protecting your personal information:</strong> Unfortunately, no data transmission over the Internet can be guaranteed as totally secure.
Grinding Gear Games will take reasonable steps to keep your personal information safe from loss, unauthorised activity or other misuse.
Grinding Gear Games implements appropriate technical and organisational measures to ensure a level of security appropriate to the risks inherent in processing personal information.
You can play an important role in keeping your personal data secure by maintaining the confidentiality of any password and accounts used in relation to the Website, Materials and Services, including using a unique password that you do not use on any third-party websites or related services.
Please do not disclose your Member Account password to third parties.
Please notify Grinding Gear Games immediately if there is any unauthorised use of your account or any other breach of security.</p>
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<strong>Transfers of personal information:</strong> A business that supports our services and products may be located outside the European Economic Area (“EEA”) or New Zealand.
This may mean your personal information is held and processed outside the EEA or New Zealand.
Please see the GDPR Terms below for further information about personal data transfers from the EEA.</p>
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<strong>Internet use:</strong> While Grinding Gear Games takes reasonable steps to maintain secure internet connections, if you provide Grinding Gear Games with personal information over the internet, the provision of that information is at your own risk.
If you post your personal information on the Website’s public pages, you acknowledge that the information you post is publicly available.
If you follow a link on the Website to another website, the owner of that website will have its own privacy notice relating to your personal information that you should review before you provide any personal information.</p>
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<strong>Accessing and correcting your personal information:</strong> Subject to certain grounds for refusal set out in the New Zealand Privacy Act 1993 and other applicable law, you are entitled to access any information which Grinding Gear Games may hold about you and Grinding Gear Games is obliged to provide this information to you as long as it has such information and such information can be readily retrieved.
You are also entitled to request Grinding Gear Games correct any inaccuracies in any information which Grinding Gear Games holds about you.</p>
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<strong>Contact us:</strong> If you have any questions about this privacy notice, Grinding Gear Games’ privacy practices, or if you would like to request access to, or correction of, your personal information, you can contact Grinding Gear Games here: support@grindinggear.com.</p>
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