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IMPORTANT - READ CAREFULLY BEFORE INSTALLING, ACCESSING OR USING THIS GAME
By installing, accessing, copying, and/or otherwise using this interactive entrainment software (the “Game”) you agree to be bound by the terms of this EULA.
The game (which includes the computer software program, the associated media (if applicable), any software associated with the online mode of the game (and subject to any additional terms of use applicable to such online mode and related documentation in printed or electronic form is licensed to you on the terms set forth below, which constitutes a legal agreement between you and Sold Out Sales & Marketing Limited a company registered in England and Wales with company no 6989121 and address at 21 Whitefriars Street, London, EC4Y 8JJ ("Sold Out").
If you do not agree to the terms of this agreement, you are not authorized to use the Game and you should not install the Game.
The terms and conditions of this EULA are without prejudice to any terms and conditions governing your use of any third party proprietary software product including without limitation any STEAM® software or any open source software that may be incorporated into any separate plugins, delivery systems or other software programs. Such third party proprietary software may be required in order to use certain features of this Game, which use may be subject to and conditional upon your acceptance and observance of additional third party end user licence agreements.
Physical Copy
If you have purchased a packaged product version of the game you should return the game (including the disc, packaging and documentation) with proof of purchase to the vendor from which you obtained the game and request a refund within a reasonable time. Without prejudice to your statutory rights which are not affected, all or a proportion of the refund may be withheld if such disc, packaging or documentation has been damaged in any way.
Digital Copy
If you agree to the terms set out in this agreement select “ACCEPT” to confirm your acceptance to these terms and your understanding of the conditions of use of the Game.
If you do not agree to the terms set out in this agreement select “DECLINE” and a licence will not be granted to you by Sold Out in respect of the Game and you will not be able to play the Game.
Activation Keys
Where the Game has been installed by use of an activation key or registration code (“Activation Key”) and/or to access any on-line or multiplayer game play, this Activation Key cannot be reproduced or replaced. Lost, stolen or damaged Activation keys cannot be replaced and no refunds or replacement copies of the Game will be provided in such case.
License
The Game is protected by the copyright laws of England, international copyright treaties and conventions and other laws. The Game is licensed, and not sold, and this EULA confers no title or ownership to the Game or any copy thereof.
Sold Out grants you the non-exclusive, limited right and license to install and use one copy of the Game solely for your personal use and/or as may be made as permitted under the Steam ® Subscriber Agreement or other digital store terms from which the Game is purchased.
You may permanently transfer all of your rights and obligations under this EULA to another person for non-commercial use by physically transferring the original Game (e.g. the disc you purchased if applicable) all original packaging and all manuals or other documentation distributed with the Game provided that you permanently delete all copies and installations of the Game in your possession or control and that the recipient agrees to the terms of this EULA. Upon such transfer, the licence granted to you under this EULA shall automatically and immediately terminate.
Ownership
All intellectual property rights in and to the Game (including but not limited to video, audio, computer code, themes, derivative works, titles, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation) and title to any and all copies thereof are owned by Sold Out or its licensors, and you receive no right or interest therein other than the limited license to install and use the Game as permitted in this EULA.
Restrictions
You agree to abide by the terms of this EULA and agree that you will not:
• copy the Game except as permitted under this licence and the Steam ® Subscriber Agreement or other digital store terms from which the Game is purchased
• make any commercial use or exploitation of the Game in any manner whatsoever
• use the Game, or permit use of the Game, in a network, multi-user arrangement or remote access arrangement, including any online use except as otherwise allowed as a non-commercial private feature of the Game and/or explicitly permitted by Sold Out
• sell, rent, lease, license, distribute, upload or otherwise transfer or make available to any other person the Game , in whole or in part, or use the Game or any part thereof in any commercial context, including but not limited to using in a service bureau, "cyber cafe", computer gaming centre, e-sports event or any other commercial location in which multiple users may access the Game without the express prior written consent of Sold Out
• remove, disable or circumvent any security protections or any technical measures that control access to the Game and/or are designed to prevent or inhibit the infringement of any copyright or other intellectual property right in the Game
• except as the applicable law expressly permits, to reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on the whole or any part of the Game and where applicable law expressly permits any such acts, and any lawful modifications, adaptations and improvements, any and all intellectual property rights (including copyright) therein shall be deemed assigned to and shall belong to, vest in and be the exclusive property of Sold Out and/or its licensors on creation to the maximum extent permitted by law and you hereby waive all or any moral rights in such creations
• create data or executable programs that mimic data or functionality in the Game
• export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations
Multiplayer
This Game may allow services operated by Sold Out and/or its affiliates or third parties authorised on their behalf to be accessed which allow users of the Game to enjoy certain on-line or multiplayer features and functionality associated with the Game (“Online Features”). An internet connection will be required to access Online Features.
Sold Out may revoke your access to some or all of the Online Features if you violate or assist others in engaging in any of the following:
• Create, use, offer, advertise, make available and/or distribute any so called “cheats” that influence and/or facilitate gameplay, including exploits of any in-game bugs, and thereby grant you and/or any other user an advantage over other players not using such methods
• Create, use, offer, advertise, make available and/or distribute any so called “hack” that accesses or modifies the Online Features and/or the Game in a manner not expressly authorised by Sold Out
• Create, use, offer, advertise, make available and/or distribute any code or software not expressly authorized by Sold Out, that can be used in connection with the Online Features, the Game, and/or any component or feature thereof which changes and/or facilitates the gameplay
User Generated Content
If the Game allows for the creation and sharing of any user generated content (“UGC”) you agree to not engage in any of the following:
• Uploading/posting content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
• Uploading/posting content that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
• Making available any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other intellectual property right or other right of any person or entity.
You are entirely responsible for all UGC you post or otherwise upload via the Game. Sold Out assumes no responsibility for the conduct of any user submitting any UGC, and assumes no responsibility for monitoring the Game for inappropriate or illegal content or conduct unless required by applicable law. Sold Out may choose at any time, in its sole discretion (or required by applicable law), to monitor the Game. In such event, Sold Out shall have the right, in its sole discretion, to edit, refuse to post/upload, or remove any UGC.
If and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any and/or all of the UGC, you hereby transfer/assign all of your right, title and interest in and to the UGC solely and exclusively to Sold Out and/or its licensors, without reservation and without additional consideration, under applicable law relating to intellectual property rights and other similar laws or rights, in perpetuity. To the extent such assignment is ineffective under applicable law, you hereby grant to Sold Out and/or its licensors, their successors and assigns, the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up licence to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication or other means, and use the UGC all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret/confidentiality, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the UGC.
Updates
From time to time Sold Out may provide updates, patches and other modifications to the Game that must be installed for the user to continue to play the Game properly or at all. Sold Out may update, patch or modify the Game remotely and access the Game residing on your device for such purpose, and you hereby grant to Sold Out the right to deploy and apply such, updates, patches and modifications. All provisions of this agreement that refer to ‘Game’ shall also include such patches, updates and modifications.
Analytics
Sold Out sometimes collects data relating to how you play the Game, including what actions you take or selections you make, how long you play for and the performance of Sold Out’s online systems when you connect to the Game online. This data is handled in compliance with applicable data protection laws and regulations and is only kept for a reasonable period for analysis. For more information about our approach to data privacy please see our Privacy Policy.
Limited Warranty
If you have purchased a physical version of the Game (such as on disc) Sold Out warrants to you that the physical medium on which the Game is recorded will under normal use and conditions be free from material defects in materials and workmanship for a period of ninety (90) days from the date of purchase.
The entire liability of Sold Out under this limited warranty will be, at Sold Out’s sole option, either (a) to refund the purchase price paid for the Game; or (b) to repair or, at Sold Out’s option, to replace free of charge the Game that does not meet this limited warranty provided the following procedures and conditions are observed. All claims under this limited warranty must be made by returning the original physical medium in its original condition and packaging to the point of purchase, together with a copy of the original sales receipt or other dated proof of purchase, a statement describing the defects and a return address typed or clearly printed. Where this is not possible for any reason (and provided it is within the period of ninety (90) days from the date of purchase) the defective medium should be returned to Sold Out at 21 Whitefriars Street, London, EC4Y 8JJ.
In the event that the Game is no longer available, Sold Out retains the right to substitute a similar program of equal or greater value. This warranty is limited to the recording medium containing the Game as originally provided by Sold Out and is not applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the 90-day period described above.
Any replacement Game/software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
This limited warranty is in addition to, and does not affect, those of your statutory rights which cannot be excluded or limited in any way under applicable law.
Exclusions and Limitations
The Game is provided ‘as is’ and this warranty is in lieu of all other warranties, whether oral or written, express or implied, including any warranty of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement, and no other representations or claims of any kind shall be binding on or obligate Sold Out and with regard to the Game and each and every part thereof, without prejudice to the generality of the foregoing, Sold Out does not warrant that the Game is error-free or that it will operate without interruption, nor that Sold Out will repair any errors in the Game. Sold Out further does not warrant that the Game will operate on all types of device and you should check the minimum technical specifications before purchase.
To the maximum extent permitted by applicable law:
• in no event shall Sold Out or its licensors be liable for any damages whatsoever (including, but not limited to, direct, indirect, incidental or consequential damages for loss of profits, business interruption, loss of information, or any pecuniary loss) arising out of the use of or inability to use the Game, even if Sold Out has been advised of the possibility of such damages
• the maximum aggregate liability of Sold Out and its licensors under or in relation to this EULA or the use or attempted use of this Game shall be limited to the amount actually paid by you for the Game
Nothing in this EULA shall limit or exclude Sold Out’s liability to you in negligence for death or personal injury, to the extent such exclusion or limitation is unlawful, unenforceable or void under any applicable law.
Some jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this EULA. Nothing in this EULA shall affect your statutory rights as a consumer which under the applicable law are not capable of exclusion or limitation. These statutory rights may vary from state/jurisdiction to state/jurisdiction.
Termination
Without prejudice to any other rights of Sold Out, the license granted herein shall remain in effect for as long as you use, operate or run the Game. This EULA (and the license) will terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game and all of its component parts.
You may also terminate this EULA (and the licence) at any time by destroying the Game and uninstalling it from your computer(s) or other applicable hardware. The sections entitled ‘Ownership’, ‘Restrictions’, and ‘Exclusions and Limitations’, ‘Termination’, ‘Injunction’, ‘Indemnity’ and ‘Miscellaneous’ shall survive any termination of this Agreement.
Injunction
As Sold Out would be irreparably damaged if the terms of this EULA were not specifically enforced, you agree that Sold Out shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including without limitation seeking an injunction and other equitable remedies, in addition to any other remedies available to Sold Out under law.
Indemnity
You agree to indemnify, defend and hold harmless Sold Out, its partners, affiliates, contractors, licensors, officers, directors, employee and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game or any breach by you of the terms of this EULA.
Miscellaneous
This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected. This EULA shall be governed by and construed in accordance with the laws of England and you consent to the exclusive jurisdiction of the courts of England.
If you have any questions concerning this EULA, you may contact Sold Out at:
Sold Out Sales & Marketing Limited
21 Whitefriars Street
London
EC4Y 8JJ
Tel: +44 (0)207 871 8282
SOLD OUT PRIVACY POLICY
INTRODUCTION
Sold Out Sales & Marketing Limited (hereinafter “Sold Out”, “we”, “our” or “us”) cares about the protection of your personal data and the respect of your privacy. The purpose of this privacy policy is to provide you with clear and transparent information on how we collect, process, store, share and transfer any information that can directly or indirectly identify you (hereinafter “personal data”).
DATA CONTROLLER
Sold Out Sales & Marketing Limited a company registered in England and Wales with company no 6989121 and registered office at 21 Whitefriars Street, London, EC4Y 8JJ, is the data controller of the processing of your personal data implemented as part of your use of our video games and/or websites and further described in this privacy policy.
KEY INFORMATION
Sold Out collects certain of your personal data via our video games and/or websites in particular to allow you to subscribe to our newsletter and video games related updates, benefit from the games and services you have requested, and receive promotional and commercial offers when you have given your consent.
Sold Out mainly collect identification information and information concerning your use of our video games, (your email address, your name, your username,Steam ID or other platform ID, your password, your IP address, your country and languages). The categories of information we collect in connection with your use of our video games and/or websites, products and services, the purposes and legal basis for which we collect it, are described in the table provided under Section 2 of this Privacy Policy.
You have rights of access to and rectification or erasure of your personal data and to restrict or object to its processing, as well as the right to data portability, which you can exercise at any time by making a written request to us. You also have the right to lodge a complaint about our processing of your personal data with the competent supervisory authority, such as the Information Commissioner’s Office in the United Kingdom (ICO). To the extent, the French data protection legislation is applicable; you have the right to establish instructions in respect of the retention, the deletion and the transmission of your personal data after your death. Where the processing of your personal data relies on your consent, you have the right to withdraw such consent at any time. For more information on your data protection rights, please read Section 4 of the privacy policy.
CHILDREN
Children under the age of 13 years old cannot subscribe directly to Sold Out websites or accounts relating to our video games. We do not intentionally collect personal information from children under the age of 13 years old. If we realise that we have collected personal information of a child under 13, or equivalent minimum age depending on jurisdiction concerned, we will delete any personal information related to such child.
CONTACT
If you have any questions or concerns with regard to the processing of your personal data, the exercise of your rights or this privacy policy, feel free to contact us by sending an email to our customer services at help@soldout.uk.com or by post at the following address: Sold Out Sales & Marketing Limited, 21 Whitefriars Street, London, EC4Y 8JJ. For more information on the way to contact us for any privacy questions or complaints, please read Section 11 of this privacy policy.
1. WHAT PERSONAL DATA WE COLLECT AND PROCESS
Sold Out collect certain of your personal data via our video games and/or websites in order to provide you with the best game experience, the use of our services and for marketing purposes with your consent. We mainly collect identification and usage information about you. Sold Out does not collect or process any transaction data concerning you (e.g. credit card details.
The table set out under Section 2 below describes the categories of personal data Sold Out may collect and process as part of the services, websites, or video games, the corresponding purposes and the related legal ground.
The mandatory or optional nature of the personal data collected directly by Sold Out will be indicated as such on each collection form made available by Sold Out. You should be aware that if you refuse to provide certain personal data whose collection is mandatory, you would not be able to benefit from all or part of the services or features of the video games offered.
2. FOR WHICH PURPOSE(S) AND ON WHICH LEGAL BASIS DO WE PROCESS YOUR PERSONAL DATA?
CATEGORY OF PERSONAL DATA: Age
PURPOSE(S) OF THE PROCESSING: To verify if you are 13 years old or above.
LEGAL BASIS: To comply with our legal obligation not to process children’s personal information without parental consent or authorization.
CATEGORY OF PERSONAL DATA: Third party’s online platform/ stores (e.g. Steam, Epic, GOG) or third party consoles (e.g. Sony PlayStation, Microsoft Xbox, Nintendo Switch etc.) services identification information,: name, account’s ID, password, where applicable
PURPOSE(S) OF THE PROCESSING: To allow you to register via your existing account on third party’s online platforms/stores such as Steam, Epic, GOG or through the use of third party consoles (e.g. Sony PlayStation, Microsoft Xbox, Nintendo Switch etc.); To provide you with and give you access to additional features and content that you have requested (Mods, etc.); To manage customer relationship; To detect and prevent misuse or improper usage of our video games and services (including moderation of content); and to ensure the security of your personal data and use.
LEGAL BASIS: Necessary for the performance of the contract (EULA and specific video games terms & conditions, if any).
CATEGORY OF PERSONAL DATA: Personal information necessary as part of the organisation of video games contests, competitions, survey or promotional operations and campaigns: where relevant, in particular for winners, first name, last name, Email address, home address, date of participation, responses to the video games contests or surveys, nature of the prize if any.
PURPOSE OF THE PROCESSING: To send you relevant information to participate to the video games contests or surveys;
To inform you about events or campaigns in relation to our video games, community, and services; To receive feedback from you as part of the community; and To provide you with prizes, if any and where applicable.
LEGAL BASIS: Our legitimate interest to vary our services and to assess the quality performance of our video games with our players
CATEGORY OF PERSONAL DATA: Information about your behaviour when using our video games and related services (analytics and statistics related data, existing account ID on third party digital / gaming platforms, crash reports).
PURPOSE(S) OF THE PROCESSING: To ensure and monitor the effectiveness and availability of the video games and related services provided; To assess the level of performance of our videos games on a regular basis; To generate statistical data relating to the use of the video games and related services (internal gameplay analysis); To carry out market surveys and analysis to improve our video games and users’ experience (internal purposes); and To ensure the security of Sold Out’s information systems.
LEGAL BASIS: Our legitimate interests: To control and resolve problems with services and to regularly improve services; To develop new functionalities, new products and services; and To maintain an appropriate level of security for our information systems.
CATEGORY OF PERSONAL DATA: Personal information obtained via cookies, analytics and/or tracking technologies set in our video games and/or websites: in particular, unique identifier of a cookie, IP address, identifier of your terminal, device model, types of network, languages and country preferences and location, region, playtime, video games items, progression and statistics, chat logs where applicable etc.
PURPOSES(S) OF THE PROCESSING: To personalize your game experience; To conduct internal gameplay analysis; To improve users’ experience based on statistical data; To better understand your usage, interests and preferences; and To improve the performance of our video games, our services and websites.
LEGAL BASIS: (For more information, please read Section 9 of this privacy policy). For more information on consent mechanisms relating to cookies, please read Section 9 of this privacy policy
3. HOW DO WE GET YOUR PERSONAL DATA?
3.1 Personal data you provide to Sold Out directly
When you use our video games and related services, you share some information with us, which may directly identify you. In particular:
Your age;
Your Steam ID; and/or
Any other identification number / information when registering via existing accounts created on third party platforms / digital stores such as Epic Games, GOG, where applicable.
In some cases, we may collect your first name, last name, email address and nickname when we organize a video game contest, conduct a survey about one or more of our video games or any other marketing campaigns.
3.2 Personal data Sold Out obtains indirectly
We may indirectly collect or receive certain of your personal data, in particular via:
Cookies and other tracking technologies used in our video games and/or websites to analyse your behaviour when using our video games and/or websites and to assess the performance of our video games (see Section 9 of this Privacy Policy);
Our third party distributors and business partners where you have expressly consented to the sharing of your email address for commercial and marketing (e.g. newsletters, promotional offers, etc.);
Your access to, or use of, some of our video games and services available on certain social networks or other platforms or websites owned by third parties.
(Collectively, the Third Parties).
Please note that this Privacy Policy does not apply to the processing of personal data implemented by Third Parties or on Third Parties’ platforms. Sold Out does not supervise or control their respective privacy practices. We recommend that you specifically review the privacy policies available on each of these Third Party Platforms, in particular regarding the sharing of your personal data.
In any event, Sold Out will only process the personal data received indirectly under the terms of this privacy policy.
4. YOUR RIGHTS
4.1 Your data protection rights
Your right of access: you have the right to ask us if we are using or storing your personal data. You can also ask us for copies of such personal data.
Your right to rectification: you have the right to ask us to rectify information you think is inaccurate and to complete information you consider is incomplete.
Your right to erasure: you have the right to request from us erasure of your personal data when:
We no longer need your personal data;
You initially consented to the use of your personal data, but have now withdrawn your consent;
You have objected to the use of your personal data and your interests outweigh those of Sold Out,
We have collected or used your personal data unlawfully; and/or
We have a legal obligation to erase your personal data.
Your right to restriction of processing: you have the right to request from us the restriction of the processing of your personal data as follows:
Temporarily limit when you have challenged the accuracy of your personal data; or you have objected to the use of your personal data; and /or
Limit if we processed your personal data unlawfully without you wishing to delete it; and we no longer need your personal data but you wish us to keep it in order to defend or exercise legal claims.
Your right to object to processing: you have the right to object to the processing of your personal data if we are using your personal data for (a) a task carried out in the public interest, (b) our legitimate interests, (c) scientific or historical research or statistical purposes; or (d) direct marketing.
Your right to data portability: this right applies to personal data you have provided to us and where the processing is automated and based on your consent or made under a contract. You have the right to ask us, if technically feasible, to transfer your personal data to a third party or directly provide it to you in a way accessible and machine-readable.
You also have the right to withdraw consent at any time where the processing is based on your consent (e.g. cookies, marketing communications), without affecting the lawfulness of processing based on consent before such withdrawal. In particular, you may withdraw your consent for the receiving of commercial communications and marketing offers by clicking on the “Unsubscribe” link included in each marketing communication or by contacting Sold Out through the procedures described under Section 4.2 below.
You have the right to lodge a complaint before a supervisory authority – In United Kingdom, the Information Commissioner’s Office.
Where French data protection law is applicable, you also have the right to set guidelines for the retention and communication of your personal information after your death.
4.2 How to exercise your rights
You can exercise any of the above listed rights by sending an email at any time to our Customer Services at the following address: help@soldout.uk.com; or
By post to the following address: Sold Out Sales & Marketing, 21 Whitefriars Street, London, EC4Y 8JJ, United Kingdom; or
You can also directly exercise any of the above listed rights via the contact form directly available on our website.
5. HOW SOLD OUT PROTECTS YOUR PERSONAL DATA?
Sold Out has implemented and maintains adequate technical, physical and organisational measures to ensure the confidentiality and security of your personal information and to protect your personal data against accidental or unlawful destruction or accidental loss, damage, alteration, unauthorised disclosure or access as well as all other forms of unlawful processing (including, but not limited to, unnecessary collection) or further processing. In particular, Sold Out relies on encryption mechanisms where technically feasible, restricted internal access and credentials, internal security and IT policies, back-up procedures, and strong contractual commitments and warranties when relying on third party providers.
6. HOW LONG WILL SOLD OUT KEEP YOUR PERSONAL DATA?
Sold Out will not keep your personal data for longer than necessary (i.e. 5 years from our first contact) and will immediately delete your personal information once the purpose for which they have been collected and processed is achieved.
For more information on the retention of your personal data collected via cookies and tracking technologies, please see Section 9 of this privacy policy.
7. WITH WHOM SOLD OUT SHARES YOUR PERSONAL DATA?
As a global organisation involved at all stages of the video game value chain, we may share your personal data with other trusted companies of the Enad Global 7’s group for administrative, technical and operational purposes in relation to the video games and related services offered by Sold Out. When trusted group companies (i.e. Toadman Interactive Game Development, Artplant LLC) have access to your personal data, Sold Out implements appropriate contractual, technical and organisational measures to ensure that your personal data are only processed to the extent necessary and only for the purposes set out above.
In addition, Sold Out may communicate or share certain of your personal data with our partner development studios, IT services providers and our suppliers acting as processors for technical purposes in order to allow us to offer you high-performance video games and quality services. In particular, the following third parties are involved in the processing of your personal data:
Amazon Web Services (hosting of gamers’ personal data);
Pugstorm AB (partner development studio);
Unity Technologies in relation to Cloud diagnostic solution; and
Hetzner Online GmbH (physical data server based in Germany).
Finally, Sold Out relies on external technologies and platforms to develop or publish its video games and make available its online services. In particular, we closely collaborate with the following business partners:
Valve Corporation in relation to the access to Steam platform;
Unity Technologies ApS in relation to the cross-platform game engine (Unity); and
Microsoft in relation to the use of GitHub NuGet open source tools.
Sold Out implements the necessary contractual and organisational measures to ensure that the processing of your personal data by these third party providers and business partners is strictly limited to the purposes defined in this privacy policy and to guarantee the confidentiality and security of your personal data.
8. TRANSFERS OF YOUR PERSONAL DATA OUTSIDE OF THE EUROPEAN ECONOMIC AREA
Sold Out may transfer some of your personal data outside of the United Kingdom and of the European Economic Area (EEA) when necessary for technical and operational purposes, to enable us to offer you high-performance video games and to provide you with products and services you requested. In particular, we will share or give access to your personal data to our trusted affiliate company Artplant LLC located in Russia. These transfers will be made in compliance with applicable data protection regulations and will rely on appropriate safeguards recognised under the General Data Protection Regulation (GDPR).
In particular, when the transfer of your personal data cannot be based on an adequacy decision of the European Commission recognising an adequate level of protection, we put in place other appropriate transfer mechanisms and guarantees to ensure the protection of your personal data such as, for example, data transfer agreements including the standard contractual clauses approved by the European Commission or the Privacy Shield for processing carried out in the United States, as the case may be.
9. COOKIES, ANALYTICS AND TRACKING TECHNOLOGIES
Cookies are small text files that are placed on your computer and devices by us when you use our video games or visit our website. They are widely used in order to make the application and our website work, or work more efficiently, as well as to provide us with more information.
Sold Out uses cookies and other tracking technologies for authentication and security purposes. We would also like to use internal analytical tools or third party analytical metrics to provide you with personalized content and to improve our video games and services based on how you use such video games and services.
You can manage the use of optional cookies by as instructed in the video game or on the website.
In any event, cookies and tracking technologies will not be set for more than 6 months following which we will ask your consent again before setting again such cookies and tracking technologies.
9.1 Cookies/tracking technologies set by us and/or third parties
The table below explains the types of cookies and tracking technologies, we use and why:
SOURCE OF THE COOKIE: Internal cookies / tools
CATEGORY OF COOKIES: Necessary cookies
PURPOSE(S): Cookies strictly necessary (i) in order for us to provide you with the services explicitly requested by you; and (ii) to enable you to move around the website / video games and use their related features.
RETENTION PERIOD: 5 Years
SOURCE OF THE COOKIE: Internal cookies / tools
CATEGORY OF COOKIES: Preferences cookies
PURPOSE(S): To remember your browser and languages preferences.
RETENTION PERIOD: 5 years
SOURCE OF THE COOKIE: Internal cookies / tools
CATEGORY OF COOKIES: Authentication cookies
PURPOSE(S): to allow us to identify you once you have logged in; and to allow you to authenticate yourself on successive visits to the website or in the video games and gain access to authorized content. These cookies are encrypted
RETENTION PERIOD: 5 years
SOURCE OF THE COOKIE: Internal cookies / tools
CATEGORY OF COOKIES: Security cookies
PURPOSE(S): To increase the security of the service and to detect repeated failed login or similar mechanisms designed to protect you from abuse.
RETENTION PERIOD: 5 years
SOURCE OF THE COOKIE: Internal analytical tools (e.g. game back-end)
CATEGORY OF COOKIES: Game back-end analytics
PURPOSE(S): We will collect information relating to your playtime, region, game items owned, progression, in game profile, chat logs in order to improve our video games and your experience, to conduct market analysis and to detect technical issues in game (including moderation).
RETENTION PERIOD: 5 years
SOURCE OF THE COOKIE: Universal analytics (Google)*
CATEGORY OF COOKIES: Analytics and measurement cookies
PURPOSE(S): These cookies are used to collect information about how visitors use our website. We use the information to compile reports and to help us improving the website. These cookies collect information in a way that does not identify you, including the number of visitors of the website, where visitors have come to the website from and the pages visited.
RETENTION PERIOD: 5 years
SOURCE OF THE COOKIE: Google Analytics cookies*
CATEGORY OF COOKIES: Analytics
PURPOSE(S): These cookies allow us to measure the audience on our website based on statistics.
RETENTION PERIOD: 5 years
SOURCE OF THE COOKIE: YouTube cookies*
CATEGORY OF COOKIES: Analytics and targeted advertisement
PURPOSE(S): These cookies are used to better understand your interests and preferences. This processing is made in a way that does not enable us to identify you directly or indirectly and is based on aggregated data such as web browsing activity related information, age, gender, regional location.
RETENTION PERIOD: A year
SOURCE OF THE COOKIE: YouTube video sharing cookies*
CATEGORY OF COOKIES: Multimedia
PURPOSE(S): These cookies allow you accessing multimedia content / video directly on our website but embedded by YouTube.
RETENTION PERIOD: 5 years
SOURCE OF THE COOKIE: Facebook Pixel cookies*
CATEGORY OF COOKIES: Analytics and targeted advertisement
PURPOSE(S): These cookies are used to track conversions and interactions on the website and feed them back to the ad platform so we can determine the effectiveness of our ads.
These cookies are also used for online global retargeting based on aggregated data (demographical information, age, gender, regional location, etc.).
This processing is made in a way that does not enable us to identify you directly or indirectly.
RETENTION PERIOD: A year
SOURCE OF THE COOKIE: Twitter cookies*
CATEGORY OF COOKIES: Analytics and targeted advertisement
PURPOSE(S): These cookies are used to track conversions and interactions on the website and feed them back to the ad platform so we can determine the effectiveness of our ads.
These cookies are also used for online global retargeting based on aggregated data (demographical information, age, gender, regional location, etc.).
This processing is made in a way that does not enable us to identify you directly or indirectly.
RETENTION PERIOD: 6 months
SOURCE OF THE COOKIE: AdWords Pixel*
CATEGORY OF COOKIES:
PURPOSE(S): These cookies are used to track conversions and interactions on the website and feed them back to the ad platform so we can determine the effectiveness of our ads.
This processing is made in a way that does not enable us to identify you directly or indirectly and is based on aggregated data
RETENTION PERIOD: A year
SOURCE OF THE COOKIE: Third party game analytics dedicated to players*
CATEGORY OF COOKIES: Analytics and statistics in game
PURPOSE(S): Our trusted third party analytics partners will collect information relating to your play time, region, game items owned, progression, in game profile, chat logs
RETENTION PERIOD: 5 years
* Any further processing of your personal data by the third parties listed above will be governed by the privacy and cookie policies of the platforms concerned.
9.2 Social networks sharing buttons
Cookies that are set by the following social networks are intended to allow you to facilitate the sharing of content and to improve your experience on our dedicated pages on third parties social networks platforms.
Facebook: see Facebook’s privacy policy and cookies policy ; and
Twitter: see Twitter’s privacy policy and cookies policy.
Any further processing of your personal data by the social networks listed above will be governed by the privacy and cookie policies of the platforms concerned.
10. CHILDREN’S PRIVACY
We do not provide services or video games directly or proactively to children under the age of 13 years old nor do we intentionally collect their personal data. If we realise that we have collected personal data of a child under 13 years old, or equivalent minimum age depending on jurisdiction concerned, we will immediately delete any related personal data.
11. HOW TO CONTACT SOLD OUT
By sending an email to our Customer Services at the following address: help@soldout.uk.com;
By post to the following address: Sold Out Sales & Marketing, 21 Whitefriars Street, London, EC4Y 8JJ, United Kingdom; or
You can also directly contact us through the contact form directly available on our website.
12. HYPERLINKS TO OTHER WEBSITES
You may identify hyperlinks to access the websites of other organisations on our websites or in the content, we provide to you. Please note that this privacy policy does not cover how other third parties may process your personal data. We recommend you to read the privacy policies related to such third party platforms.
13. UPDATES AND CHANGES TO THE PRIVACY POLICY
We keep our privacy policy under regular review to ensure it is up to date and compliant with the applicable data protection regulation.
In case of significant changes or modifications, we will inform you of such changes and provide you with a hyperlink to the updated privacy policy 30 days in advance. This information will be provided to you by email and will be made available through a pop-up window when opening the game or visiting the website again.
By installing, accessing, copying, and/or otherwise using this interactive entrainment software (the “Game”) you agree to be bound by the terms of this EULA.
The game (which includes the computer software program, the associated media (if applicable), any software associated with the online mode of the game (and subject to any additional terms of use applicable to such online mode and related documentation in printed or electronic form is licensed to you on the terms set forth below, which constitutes a legal agreement between you and Sold Out Sales & Marketing Limited a company registered in England and Wales with company no 6989121 and address at 21 Whitefriars Street, London, EC4Y 8JJ ("Sold Out").
If you do not agree to the terms of this agreement, you are not authorized to use the Game and you should not install the Game.
The terms and conditions of this EULA are without prejudice to any terms and conditions governing your use of any third party proprietary software product including without limitation any STEAM® software or any open source software that may be incorporated into any separate plugins, delivery systems or other software programs. Such third party proprietary software may be required in order to use certain features of this Game, which use may be subject to and conditional upon your acceptance and observance of additional third party end user licence agreements.
Physical Copy
If you have purchased a packaged product version of the game you should return the game (including the disc, packaging and documentation) with proof of purchase to the vendor from which you obtained the game and request a refund within a reasonable time. Without prejudice to your statutory rights which are not affected, all or a proportion of the refund may be withheld if such disc, packaging or documentation has been damaged in any way.
Digital Copy
If you agree to the terms set out in this agreement select “ACCEPT” to confirm your acceptance to these terms and your understanding of the conditions of use of the Game.
If you do not agree to the terms set out in this agreement select “DECLINE” and a licence will not be granted to you by Sold Out in respect of the Game and you will not be able to play the Game.
Activation Keys
Where the Game has been installed by use of an activation key or registration code (“Activation Key”) and/or to access any on-line or multiplayer game play, this Activation Key cannot be reproduced or replaced. Lost, stolen or damaged Activation keys cannot be replaced and no refunds or replacement copies of the Game will be provided in such case.
License
The Game is protected by the copyright laws of England, international copyright treaties and conventions and other laws. The Game is licensed, and not sold, and this EULA confers no title or ownership to the Game or any copy thereof.
Sold Out grants you the non-exclusive, limited right and license to install and use one copy of the Game solely for your personal use and/or as may be made as permitted under the Steam ® Subscriber Agreement or other digital store terms from which the Game is purchased.
You may permanently transfer all of your rights and obligations under this EULA to another person for non-commercial use by physically transferring the original Game (e.g. the disc you purchased if applicable) all original packaging and all manuals or other documentation distributed with the Game provided that you permanently delete all copies and installations of the Game in your possession or control and that the recipient agrees to the terms of this EULA. Upon such transfer, the licence granted to you under this EULA shall automatically and immediately terminate.
Ownership
All intellectual property rights in and to the Game (including but not limited to video, audio, computer code, themes, derivative works, titles, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation) and title to any and all copies thereof are owned by Sold Out or its licensors, and you receive no right or interest therein other than the limited license to install and use the Game as permitted in this EULA.
Restrictions
You agree to abide by the terms of this EULA and agree that you will not:
• copy the Game except as permitted under this licence and the Steam ® Subscriber Agreement or other digital store terms from which the Game is purchased
• make any commercial use or exploitation of the Game in any manner whatsoever
• use the Game, or permit use of the Game, in a network, multi-user arrangement or remote access arrangement, including any online use except as otherwise allowed as a non-commercial private feature of the Game and/or explicitly permitted by Sold Out
• sell, rent, lease, license, distribute, upload or otherwise transfer or make available to any other person the Game , in whole or in part, or use the Game or any part thereof in any commercial context, including but not limited to using in a service bureau, "cyber cafe", computer gaming centre, e-sports event or any other commercial location in which multiple users may access the Game without the express prior written consent of Sold Out
• remove, disable or circumvent any security protections or any technical measures that control access to the Game and/or are designed to prevent or inhibit the infringement of any copyright or other intellectual property right in the Game
• except as the applicable law expressly permits, to reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on the whole or any part of the Game and where applicable law expressly permits any such acts, and any lawful modifications, adaptations and improvements, any and all intellectual property rights (including copyright) therein shall be deemed assigned to and shall belong to, vest in and be the exclusive property of Sold Out and/or its licensors on creation to the maximum extent permitted by law and you hereby waive all or any moral rights in such creations
• create data or executable programs that mimic data or functionality in the Game
• export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations
Multiplayer
This Game may allow services operated by Sold Out and/or its affiliates or third parties authorised on their behalf to be accessed which allow users of the Game to enjoy certain on-line or multiplayer features and functionality associated with the Game (“Online Features”). An internet connection will be required to access Online Features.
Sold Out may revoke your access to some or all of the Online Features if you violate or assist others in engaging in any of the following:
• Create, use, offer, advertise, make available and/or distribute any so called “cheats” that influence and/or facilitate gameplay, including exploits of any in-game bugs, and thereby grant you and/or any other user an advantage over other players not using such methods
• Create, use, offer, advertise, make available and/or distribute any so called “hack” that accesses or modifies the Online Features and/or the Game in a manner not expressly authorised by Sold Out
• Create, use, offer, advertise, make available and/or distribute any code or software not expressly authorized by Sold Out, that can be used in connection with the Online Features, the Game, and/or any component or feature thereof which changes and/or facilitates the gameplay
User Generated Content
If the Game allows for the creation and sharing of any user generated content (“UGC”) you agree to not engage in any of the following:
• Uploading/posting content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
• Uploading/posting content that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
• Making available any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other intellectual property right or other right of any person or entity.
You are entirely responsible for all UGC you post or otherwise upload via the Game. Sold Out assumes no responsibility for the conduct of any user submitting any UGC, and assumes no responsibility for monitoring the Game for inappropriate or illegal content or conduct unless required by applicable law. Sold Out may choose at any time, in its sole discretion (or required by applicable law), to monitor the Game. In such event, Sold Out shall have the right, in its sole discretion, to edit, refuse to post/upload, or remove any UGC.
If and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any and/or all of the UGC, you hereby transfer/assign all of your right, title and interest in and to the UGC solely and exclusively to Sold Out and/or its licensors, without reservation and without additional consideration, under applicable law relating to intellectual property rights and other similar laws or rights, in perpetuity. To the extent such assignment is ineffective under applicable law, you hereby grant to Sold Out and/or its licensors, their successors and assigns, the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up licence to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication or other means, and use the UGC all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret/confidentiality, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the UGC.
Updates
From time to time Sold Out may provide updates, patches and other modifications to the Game that must be installed for the user to continue to play the Game properly or at all. Sold Out may update, patch or modify the Game remotely and access the Game residing on your device for such purpose, and you hereby grant to Sold Out the right to deploy and apply such, updates, patches and modifications. All provisions of this agreement that refer to ‘Game’ shall also include such patches, updates and modifications.
Analytics
Sold Out sometimes collects data relating to how you play the Game, including what actions you take or selections you make, how long you play for and the performance of Sold Out’s online systems when you connect to the Game online. This data is handled in compliance with applicable data protection laws and regulations and is only kept for a reasonable period for analysis. For more information about our approach to data privacy please see our Privacy Policy.
Limited Warranty
If you have purchased a physical version of the Game (such as on disc) Sold Out warrants to you that the physical medium on which the Game is recorded will under normal use and conditions be free from material defects in materials and workmanship for a period of ninety (90) days from the date of purchase.
The entire liability of Sold Out under this limited warranty will be, at Sold Out’s sole option, either (a) to refund the purchase price paid for the Game; or (b) to repair or, at Sold Out’s option, to replace free of charge the Game that does not meet this limited warranty provided the following procedures and conditions are observed. All claims under this limited warranty must be made by returning the original physical medium in its original condition and packaging to the point of purchase, together with a copy of the original sales receipt or other dated proof of purchase, a statement describing the defects and a return address typed or clearly printed. Where this is not possible for any reason (and provided it is within the period of ninety (90) days from the date of purchase) the defective medium should be returned to Sold Out at 21 Whitefriars Street, London, EC4Y 8JJ.
In the event that the Game is no longer available, Sold Out retains the right to substitute a similar program of equal or greater value. This warranty is limited to the recording medium containing the Game as originally provided by Sold Out and is not applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the 90-day period described above.
Any replacement Game/software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
This limited warranty is in addition to, and does not affect, those of your statutory rights which cannot be excluded or limited in any way under applicable law.
Exclusions and Limitations
The Game is provided ‘as is’ and this warranty is in lieu of all other warranties, whether oral or written, express or implied, including any warranty of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement, and no other representations or claims of any kind shall be binding on or obligate Sold Out and with regard to the Game and each and every part thereof, without prejudice to the generality of the foregoing, Sold Out does not warrant that the Game is error-free or that it will operate without interruption, nor that Sold Out will repair any errors in the Game. Sold Out further does not warrant that the Game will operate on all types of device and you should check the minimum technical specifications before purchase.
To the maximum extent permitted by applicable law:
• in no event shall Sold Out or its licensors be liable for any damages whatsoever (including, but not limited to, direct, indirect, incidental or consequential damages for loss of profits, business interruption, loss of information, or any pecuniary loss) arising out of the use of or inability to use the Game, even if Sold Out has been advised of the possibility of such damages
• the maximum aggregate liability of Sold Out and its licensors under or in relation to this EULA or the use or attempted use of this Game shall be limited to the amount actually paid by you for the Game
Nothing in this EULA shall limit or exclude Sold Out’s liability to you in negligence for death or personal injury, to the extent such exclusion or limitation is unlawful, unenforceable or void under any applicable law.
Some jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this EULA. Nothing in this EULA shall affect your statutory rights as a consumer which under the applicable law are not capable of exclusion or limitation. These statutory rights may vary from state/jurisdiction to state/jurisdiction.
Termination
Without prejudice to any other rights of Sold Out, the license granted herein shall remain in effect for as long as you use, operate or run the Game. This EULA (and the license) will terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game and all of its component parts.
You may also terminate this EULA (and the licence) at any time by destroying the Game and uninstalling it from your computer(s) or other applicable hardware. The sections entitled ‘Ownership’, ‘Restrictions’, and ‘Exclusions and Limitations’, ‘Termination’, ‘Injunction’, ‘Indemnity’ and ‘Miscellaneous’ shall survive any termination of this Agreement.
Injunction
As Sold Out would be irreparably damaged if the terms of this EULA were not specifically enforced, you agree that Sold Out shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including without limitation seeking an injunction and other equitable remedies, in addition to any other remedies available to Sold Out under law.
Indemnity
You agree to indemnify, defend and hold harmless Sold Out, its partners, affiliates, contractors, licensors, officers, directors, employee and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game or any breach by you of the terms of this EULA.
Miscellaneous
This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected. This EULA shall be governed by and construed in accordance with the laws of England and you consent to the exclusive jurisdiction of the courts of England.
If you have any questions concerning this EULA, you may contact Sold Out at:
Sold Out Sales & Marketing Limited
21 Whitefriars Street
London
EC4Y 8JJ
Tel: +44 (0)207 871 8282
SOLD OUT PRIVACY POLICY
INTRODUCTION
Sold Out Sales & Marketing Limited (hereinafter “Sold Out”, “we”, “our” or “us”) cares about the protection of your personal data and the respect of your privacy. The purpose of this privacy policy is to provide you with clear and transparent information on how we collect, process, store, share and transfer any information that can directly or indirectly identify you (hereinafter “personal data”).
DATA CONTROLLER
Sold Out Sales & Marketing Limited a company registered in England and Wales with company no 6989121 and registered office at 21 Whitefriars Street, London, EC4Y 8JJ, is the data controller of the processing of your personal data implemented as part of your use of our video games and/or websites and further described in this privacy policy.
KEY INFORMATION
Sold Out collects certain of your personal data via our video games and/or websites in particular to allow you to subscribe to our newsletter and video games related updates, benefit from the games and services you have requested, and receive promotional and commercial offers when you have given your consent.
Sold Out mainly collect identification information and information concerning your use of our video games, (your email address, your name, your username,Steam ID or other platform ID, your password, your IP address, your country and languages). The categories of information we collect in connection with your use of our video games and/or websites, products and services, the purposes and legal basis for which we collect it, are described in the table provided under Section 2 of this Privacy Policy.
You have rights of access to and rectification or erasure of your personal data and to restrict or object to its processing, as well as the right to data portability, which you can exercise at any time by making a written request to us. You also have the right to lodge a complaint about our processing of your personal data with the competent supervisory authority, such as the Information Commissioner’s Office in the United Kingdom (ICO). To the extent, the French data protection legislation is applicable; you have the right to establish instructions in respect of the retention, the deletion and the transmission of your personal data after your death. Where the processing of your personal data relies on your consent, you have the right to withdraw such consent at any time. For more information on your data protection rights, please read Section 4 of the privacy policy.
CHILDREN
Children under the age of 13 years old cannot subscribe directly to Sold Out websites or accounts relating to our video games. We do not intentionally collect personal information from children under the age of 13 years old. If we realise that we have collected personal information of a child under 13, or equivalent minimum age depending on jurisdiction concerned, we will delete any personal information related to such child.
CONTACT
If you have any questions or concerns with regard to the processing of your personal data, the exercise of your rights or this privacy policy, feel free to contact us by sending an email to our customer services at help@soldout.uk.com or by post at the following address: Sold Out Sales & Marketing Limited, 21 Whitefriars Street, London, EC4Y 8JJ. For more information on the way to contact us for any privacy questions or complaints, please read Section 11 of this privacy policy.
1. WHAT PERSONAL DATA WE COLLECT AND PROCESS
Sold Out collect certain of your personal data via our video games and/or websites in order to provide you with the best game experience, the use of our services and for marketing purposes with your consent. We mainly collect identification and usage information about you. Sold Out does not collect or process any transaction data concerning you (e.g. credit card details.
The table set out under Section 2 below describes the categories of personal data Sold Out may collect and process as part of the services, websites, or video games, the corresponding purposes and the related legal ground.
The mandatory or optional nature of the personal data collected directly by Sold Out will be indicated as such on each collection form made available by Sold Out. You should be aware that if you refuse to provide certain personal data whose collection is mandatory, you would not be able to benefit from all or part of the services or features of the video games offered.
2. FOR WHICH PURPOSE(S) AND ON WHICH LEGAL BASIS DO WE PROCESS YOUR PERSONAL DATA?
CATEGORY OF PERSONAL DATA: Age
PURPOSE(S) OF THE PROCESSING: To verify if you are 13 years old or above.
LEGAL BASIS: To comply with our legal obligation not to process children’s personal information without parental consent or authorization.
CATEGORY OF PERSONAL DATA: Third party’s online platform/ stores (e.g. Steam, Epic, GOG) or third party consoles (e.g. Sony PlayStation, Microsoft Xbox, Nintendo Switch etc.) services identification information,: name, account’s ID, password, where applicable
PURPOSE(S) OF THE PROCESSING: To allow you to register via your existing account on third party’s online platforms/stores such as Steam, Epic, GOG or through the use of third party consoles (e.g. Sony PlayStation, Microsoft Xbox, Nintendo Switch etc.); To provide you with and give you access to additional features and content that you have requested (Mods, etc.); To manage customer relationship; To detect and prevent misuse or improper usage of our video games and services (including moderation of content); and to ensure the security of your personal data and use.
LEGAL BASIS: Necessary for the performance of the contract (EULA and specific video games terms & conditions, if any).
CATEGORY OF PERSONAL DATA: Personal information necessary as part of the organisation of video games contests, competitions, survey or promotional operations and campaigns: where relevant, in particular for winners, first name, last name, Email address, home address, date of participation, responses to the video games contests or surveys, nature of the prize if any.
PURPOSE OF THE PROCESSING: To send you relevant information to participate to the video games contests or surveys;
To inform you about events or campaigns in relation to our video games, community, and services; To receive feedback from you as part of the community; and To provide you with prizes, if any and where applicable.
LEGAL BASIS: Our legitimate interest to vary our services and to assess the quality performance of our video games with our players
CATEGORY OF PERSONAL DATA: Information about your behaviour when using our video games and related services (analytics and statistics related data, existing account ID on third party digital / gaming platforms, crash reports).
PURPOSE(S) OF THE PROCESSING: To ensure and monitor the effectiveness and availability of the video games and related services provided; To assess the level of performance of our videos games on a regular basis; To generate statistical data relating to the use of the video games and related services (internal gameplay analysis); To carry out market surveys and analysis to improve our video games and users’ experience (internal purposes); and To ensure the security of Sold Out’s information systems.
LEGAL BASIS: Our legitimate interests: To control and resolve problems with services and to regularly improve services; To develop new functionalities, new products and services; and To maintain an appropriate level of security for our information systems.
CATEGORY OF PERSONAL DATA: Personal information obtained via cookies, analytics and/or tracking technologies set in our video games and/or websites: in particular, unique identifier of a cookie, IP address, identifier of your terminal, device model, types of network, languages and country preferences and location, region, playtime, video games items, progression and statistics, chat logs where applicable etc.
PURPOSES(S) OF THE PROCESSING: To personalize your game experience; To conduct internal gameplay analysis; To improve users’ experience based on statistical data; To better understand your usage, interests and preferences; and To improve the performance of our video games, our services and websites.
LEGAL BASIS: (For more information, please read Section 9 of this privacy policy). For more information on consent mechanisms relating to cookies, please read Section 9 of this privacy policy
3. HOW DO WE GET YOUR PERSONAL DATA?
3.1 Personal data you provide to Sold Out directly
When you use our video games and related services, you share some information with us, which may directly identify you. In particular:
Your age;
Your Steam ID; and/or
Any other identification number / information when registering via existing accounts created on third party platforms / digital stores such as Epic Games, GOG, where applicable.
In some cases, we may collect your first name, last name, email address and nickname when we organize a video game contest, conduct a survey about one or more of our video games or any other marketing campaigns.
3.2 Personal data Sold Out obtains indirectly
We may indirectly collect or receive certain of your personal data, in particular via:
Cookies and other tracking technologies used in our video games and/or websites to analyse your behaviour when using our video games and/or websites and to assess the performance of our video games (see Section 9 of this Privacy Policy);
Our third party distributors and business partners where you have expressly consented to the sharing of your email address for commercial and marketing (e.g. newsletters, promotional offers, etc.);
Your access to, or use of, some of our video games and services available on certain social networks or other platforms or websites owned by third parties.
(Collectively, the Third Parties).
Please note that this Privacy Policy does not apply to the processing of personal data implemented by Third Parties or on Third Parties’ platforms. Sold Out does not supervise or control their respective privacy practices. We recommend that you specifically review the privacy policies available on each of these Third Party Platforms, in particular regarding the sharing of your personal data.
In any event, Sold Out will only process the personal data received indirectly under the terms of this privacy policy.
4. YOUR RIGHTS
4.1 Your data protection rights
Your right of access: you have the right to ask us if we are using or storing your personal data. You can also ask us for copies of such personal data.
Your right to rectification: you have the right to ask us to rectify information you think is inaccurate and to complete information you consider is incomplete.
Your right to erasure: you have the right to request from us erasure of your personal data when:
We no longer need your personal data;
You initially consented to the use of your personal data, but have now withdrawn your consent;
You have objected to the use of your personal data and your interests outweigh those of Sold Out,
We have collected or used your personal data unlawfully; and/or
We have a legal obligation to erase your personal data.
Your right to restriction of processing: you have the right to request from us the restriction of the processing of your personal data as follows:
Temporarily limit when you have challenged the accuracy of your personal data; or you have objected to the use of your personal data; and /or
Limit if we processed your personal data unlawfully without you wishing to delete it; and we no longer need your personal data but you wish us to keep it in order to defend or exercise legal claims.
Your right to object to processing: you have the right to object to the processing of your personal data if we are using your personal data for (a) a task carried out in the public interest, (b) our legitimate interests, (c) scientific or historical research or statistical purposes; or (d) direct marketing.
Your right to data portability: this right applies to personal data you have provided to us and where the processing is automated and based on your consent or made under a contract. You have the right to ask us, if technically feasible, to transfer your personal data to a third party or directly provide it to you in a way accessible and machine-readable.
You also have the right to withdraw consent at any time where the processing is based on your consent (e.g. cookies, marketing communications), without affecting the lawfulness of processing based on consent before such withdrawal. In particular, you may withdraw your consent for the receiving of commercial communications and marketing offers by clicking on the “Unsubscribe” link included in each marketing communication or by contacting Sold Out through the procedures described under Section 4.2 below.
You have the right to lodge a complaint before a supervisory authority – In United Kingdom, the Information Commissioner’s Office.
Where French data protection law is applicable, you also have the right to set guidelines for the retention and communication of your personal information after your death.
4.2 How to exercise your rights
You can exercise any of the above listed rights by sending an email at any time to our Customer Services at the following address: help@soldout.uk.com; or
By post to the following address: Sold Out Sales & Marketing, 21 Whitefriars Street, London, EC4Y 8JJ, United Kingdom; or
You can also directly exercise any of the above listed rights via the contact form directly available on our website.
5. HOW SOLD OUT PROTECTS YOUR PERSONAL DATA?
Sold Out has implemented and maintains adequate technical, physical and organisational measures to ensure the confidentiality and security of your personal information and to protect your personal data against accidental or unlawful destruction or accidental loss, damage, alteration, unauthorised disclosure or access as well as all other forms of unlawful processing (including, but not limited to, unnecessary collection) or further processing. In particular, Sold Out relies on encryption mechanisms where technically feasible, restricted internal access and credentials, internal security and IT policies, back-up procedures, and strong contractual commitments and warranties when relying on third party providers.
6. HOW LONG WILL SOLD OUT KEEP YOUR PERSONAL DATA?
Sold Out will not keep your personal data for longer than necessary (i.e. 5 years from our first contact) and will immediately delete your personal information once the purpose for which they have been collected and processed is achieved.
For more information on the retention of your personal data collected via cookies and tracking technologies, please see Section 9 of this privacy policy.
7. WITH WHOM SOLD OUT SHARES YOUR PERSONAL DATA?
As a global organisation involved at all stages of the video game value chain, we may share your personal data with other trusted companies of the Enad Global 7’s group for administrative, technical and operational purposes in relation to the video games and related services offered by Sold Out. When trusted group companies (i.e. Toadman Interactive Game Development, Artplant LLC) have access to your personal data, Sold Out implements appropriate contractual, technical and organisational measures to ensure that your personal data are only processed to the extent necessary and only for the purposes set out above.
In addition, Sold Out may communicate or share certain of your personal data with our partner development studios, IT services providers and our suppliers acting as processors for technical purposes in order to allow us to offer you high-performance video games and quality services. In particular, the following third parties are involved in the processing of your personal data:
Amazon Web Services (hosting of gamers’ personal data);
Pugstorm AB (partner development studio);
Unity Technologies in relation to Cloud diagnostic solution; and
Hetzner Online GmbH (physical data server based in Germany).
Finally, Sold Out relies on external technologies and platforms to develop or publish its video games and make available its online services. In particular, we closely collaborate with the following business partners:
Valve Corporation in relation to the access to Steam platform;
Unity Technologies ApS in relation to the cross-platform game engine (Unity); and
Microsoft in relation to the use of GitHub NuGet open source tools.
Sold Out implements the necessary contractual and organisational measures to ensure that the processing of your personal data by these third party providers and business partners is strictly limited to the purposes defined in this privacy policy and to guarantee the confidentiality and security of your personal data.
8. TRANSFERS OF YOUR PERSONAL DATA OUTSIDE OF THE EUROPEAN ECONOMIC AREA
Sold Out may transfer some of your personal data outside of the United Kingdom and of the European Economic Area (EEA) when necessary for technical and operational purposes, to enable us to offer you high-performance video games and to provide you with products and services you requested. In particular, we will share or give access to your personal data to our trusted affiliate company Artplant LLC located in Russia. These transfers will be made in compliance with applicable data protection regulations and will rely on appropriate safeguards recognised under the General Data Protection Regulation (GDPR).
In particular, when the transfer of your personal data cannot be based on an adequacy decision of the European Commission recognising an adequate level of protection, we put in place other appropriate transfer mechanisms and guarantees to ensure the protection of your personal data such as, for example, data transfer agreements including the standard contractual clauses approved by the European Commission or the Privacy Shield for processing carried out in the United States, as the case may be.
9. COOKIES, ANALYTICS AND TRACKING TECHNOLOGIES
Cookies are small text files that are placed on your computer and devices by us when you use our video games or visit our website. They are widely used in order to make the application and our website work, or work more efficiently, as well as to provide us with more information.
Sold Out uses cookies and other tracking technologies for authentication and security purposes. We would also like to use internal analytical tools or third party analytical metrics to provide you with personalized content and to improve our video games and services based on how you use such video games and services.
You can manage the use of optional cookies by as instructed in the video game or on the website.
In any event, cookies and tracking technologies will not be set for more than 6 months following which we will ask your consent again before setting again such cookies and tracking technologies.
9.1 Cookies/tracking technologies set by us and/or third parties
The table below explains the types of cookies and tracking technologies, we use and why:
SOURCE OF THE COOKIE: Internal cookies / tools
CATEGORY OF COOKIES: Necessary cookies
PURPOSE(S): Cookies strictly necessary (i) in order for us to provide you with the services explicitly requested by you; and (ii) to enable you to move around the website / video games and use their related features.
RETENTION PERIOD: 5 Years
SOURCE OF THE COOKIE: Internal cookies / tools
CATEGORY OF COOKIES: Preferences cookies
PURPOSE(S): To remember your browser and languages preferences.
RETENTION PERIOD: 5 years
SOURCE OF THE COOKIE: Internal cookies / tools
CATEGORY OF COOKIES: Authentication cookies
PURPOSE(S): to allow us to identify you once you have logged in; and to allow you to authenticate yourself on successive visits to the website or in the video games and gain access to authorized content. These cookies are encrypted
RETENTION PERIOD: 5 years
SOURCE OF THE COOKIE: Internal cookies / tools
CATEGORY OF COOKIES: Security cookies
PURPOSE(S): To increase the security of the service and to detect repeated failed login or similar mechanisms designed to protect you from abuse.
RETENTION PERIOD: 5 years
SOURCE OF THE COOKIE: Internal analytical tools (e.g. game back-end)
CATEGORY OF COOKIES: Game back-end analytics
PURPOSE(S): We will collect information relating to your playtime, region, game items owned, progression, in game profile, chat logs in order to improve our video games and your experience, to conduct market analysis and to detect technical issues in game (including moderation).
RETENTION PERIOD: 5 years
SOURCE OF THE COOKIE: Universal analytics (Google)*
CATEGORY OF COOKIES: Analytics and measurement cookies
PURPOSE(S): These cookies are used to collect information about how visitors use our website. We use the information to compile reports and to help us improving the website. These cookies collect information in a way that does not identify you, including the number of visitors of the website, where visitors have come to the website from and the pages visited.
RETENTION PERIOD: 5 years
SOURCE OF THE COOKIE: Google Analytics cookies*
CATEGORY OF COOKIES: Analytics
PURPOSE(S): These cookies allow us to measure the audience on our website based on statistics.
RETENTION PERIOD: 5 years
SOURCE OF THE COOKIE: YouTube cookies*
CATEGORY OF COOKIES: Analytics and targeted advertisement
PURPOSE(S): These cookies are used to better understand your interests and preferences. This processing is made in a way that does not enable us to identify you directly or indirectly and is based on aggregated data such as web browsing activity related information, age, gender, regional location.
RETENTION PERIOD: A year
SOURCE OF THE COOKIE: YouTube video sharing cookies*
CATEGORY OF COOKIES: Multimedia
PURPOSE(S): These cookies allow you accessing multimedia content / video directly on our website but embedded by YouTube.
RETENTION PERIOD: 5 years
SOURCE OF THE COOKIE: Facebook Pixel cookies*
CATEGORY OF COOKIES: Analytics and targeted advertisement
PURPOSE(S): These cookies are used to track conversions and interactions on the website and feed them back to the ad platform so we can determine the effectiveness of our ads.
These cookies are also used for online global retargeting based on aggregated data (demographical information, age, gender, regional location, etc.).
This processing is made in a way that does not enable us to identify you directly or indirectly.
RETENTION PERIOD: A year
SOURCE OF THE COOKIE: Twitter cookies*
CATEGORY OF COOKIES: Analytics and targeted advertisement
PURPOSE(S): These cookies are used to track conversions and interactions on the website and feed them back to the ad platform so we can determine the effectiveness of our ads.
These cookies are also used for online global retargeting based on aggregated data (demographical information, age, gender, regional location, etc.).
This processing is made in a way that does not enable us to identify you directly or indirectly.
RETENTION PERIOD: 6 months
SOURCE OF THE COOKIE: AdWords Pixel*
CATEGORY OF COOKIES:
PURPOSE(S): These cookies are used to track conversions and interactions on the website and feed them back to the ad platform so we can determine the effectiveness of our ads.
This processing is made in a way that does not enable us to identify you directly or indirectly and is based on aggregated data
RETENTION PERIOD: A year
SOURCE OF THE COOKIE: Third party game analytics dedicated to players*
CATEGORY OF COOKIES: Analytics and statistics in game
PURPOSE(S): Our trusted third party analytics partners will collect information relating to your play time, region, game items owned, progression, in game profile, chat logs
RETENTION PERIOD: 5 years
* Any further processing of your personal data by the third parties listed above will be governed by the privacy and cookie policies of the platforms concerned.
9.2 Social networks sharing buttons
Cookies that are set by the following social networks are intended to allow you to facilitate the sharing of content and to improve your experience on our dedicated pages on third parties social networks platforms.
Facebook: see Facebook’s privacy policy and cookies policy ; and
Twitter: see Twitter’s privacy policy and cookies policy.
Any further processing of your personal data by the social networks listed above will be governed by the privacy and cookie policies of the platforms concerned.
10. CHILDREN’S PRIVACY
We do not provide services or video games directly or proactively to children under the age of 13 years old nor do we intentionally collect their personal data. If we realise that we have collected personal data of a child under 13 years old, or equivalent minimum age depending on jurisdiction concerned, we will immediately delete any related personal data.
11. HOW TO CONTACT SOLD OUT
By sending an email to our Customer Services at the following address: help@soldout.uk.com;
By post to the following address: Sold Out Sales & Marketing, 21 Whitefriars Street, London, EC4Y 8JJ, United Kingdom; or
You can also directly contact us through the contact form directly available on our website.
12. HYPERLINKS TO OTHER WEBSITES
You may identify hyperlinks to access the websites of other organisations on our websites or in the content, we provide to you. Please note that this privacy policy does not cover how other third parties may process your personal data. We recommend you to read the privacy policies related to such third party platforms.
13. UPDATES AND CHANGES TO THE PRIVACY POLICY
We keep our privacy policy under regular review to ensure it is up to date and compliant with the applicable data protection regulation.
In case of significant changes or modifications, we will inform you of such changes and provide you with a hyperlink to the updated privacy policy 30 days in advance. This information will be provided to you by email and will be made available through a pop-up window when opening the game or visiting the website again.