Effective Date: May 27, 2023
We attach great importance to your privacy. Please read this privacy policy carefully, as it contains important information about who we are, and how and why we collect, store, use, and share your personal data. This policy applies to the GameAuction.com website (the "GameAuction" or "this website") as well as all related websites, applications, services, and tools that reference this policy, regardless of how you access or use them, including via mobile devices. This policy also explains your rights in relation to your personal data and how to contact us if you have any questions or comments.
We collect, use, and are responsible for processing certain personal data about you. In doing so, we comply with applicable laws, including the General Data Protection Regulation (GDPR). The GDPR applies throughout the European Union (including the United Kingdom), and under these laws, we act as the "controller" responsible for this personal data.
First, it will be helpful to explain some key terms used in this policy:
| Term | Explanation |
|---|
| We, us, our | GameAuction, Inc. |
| Our Data Protection Officer | Sarah Stieslinger |
| Contact for Data Protection | legal@GameAuction.com |
| Personal Data | Any information relating to an identified or identifiable individual |
| Special Categories of Personal Data | Personal data including information on racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership; genetic and biometric data; data concerning health, sex life, or sexual orientation |
This website is not intended for children under the age of 16. No one under the age of 16 may provide any personal information to this website. We do not intentionally collect personal information from children under the age of 16. If you are under 16, please do not use this website or any of its features, do not register on this website, make any purchases, use any interactive or public comment features of this website, or provide us with any information about yourself, including your name, address, telephone number, email address, or any screen name or username you may use. If we discover that we have collected or received personal information from a child under the age of 16 without verifying parental consent, we will anonymize that information. If you believe we may hold information about any child under the age of 16, please contact us at legal@playerauctions.com.
Residents of California under the age of 16 may have additional rights regarding the collection and sale of personal information. Please see "Your State Privacy Rights" for more information.
We may collect and use the following personal data about you:
Your name and contact details, including email address and telephone number
Information used to verify your identity, such as your date of birth
Your gender information, if you choose to provide it to us
Location data
Your shipping information, billing information, transaction information, and payment card information
Your personal or professional interests
Your professional online presence, such as your LinkedIn profile
Your contact history, purchase history, and saved items on GameAuction
Information from accounts you link to GameAuction, such as Facebook and other social media platforms
Information provided to enable us to conduct credit or other financial checks on you
Information about how you use GameAuction's website, IT, communications, and other systems
Your responses to surveys, competitions, and promotions
Transaction information collected based on your activities on GameAuction (e.g., information used to facilitate buying and selling);
Community discussions, chats, dispute resolutions, communications conducted through GameAuction, and communications sent to us;
Computer login data, page view statistics, GameAuction traffic, and cookie information;
Other information, including IP address and standard web log information, as well as supplementary information from third parties, such as payment account information provided by any payment service you use for shopping or receiving funds, and your browser ID, cookie ID, device ID, device type, proxy usage, VPN usage, and related name, location, email address, telephone number, and social media public profiles provided by our payment fraud and customer due diligence service providers.
We need this personal data to provide you with our services. You may choose not to provide us with information, but in general, we need you to provide some information to: register as a member; purchase products or services; complete your profile; participate in surveys, competitions, or sweepstakes; ask us questions; or conduct other transactions on our website.
Most of our personal data is collected directly from you through our website. However, we may also collect information from the following sources:
From public sources, such as demographic data;
Directly from third parties, such as:
Sanctions screening service providers;
Credit reference agencies;
Customer due diligence service providers;
Data brokers
From third parties (e.g., your bank) with your consent.
This website uses cookies—for more information about our use of cookies, please see our Cookie Policy.
We may disclose aggregated information about users and information that does not identify any individual without any restrictions.
Under data protection laws, we may only use your personal data if we have a legitimate reason for doing so, such as:
To comply with our legal and regulatory obligations;
To perform our contract with you, or to take steps at your request before entering into a contract;
For our or a third party's legitimate interests; or
You have given your consent.
Legitimate interests mean that we have a commercial or business reason for using your information, provided that this does not override your own rights and interests.
The table below explains how we use (process) your personal data and our reasons for doing so:
| How We Use Your Personal Data | Our Reasons |
|---|
| To provide you with our services | To perform our contract with you, or to take steps at your request before entering into a contract. |
| To contact you by email or telephone to resolve disputes, collect fees, troubleshoot issues with your account or our website, services, applications, or tools, or for other legally authorized purposes, we may use your contact details. | To perform our contract with you, or to take steps at your request before entering into a contract; for our or a third party's legitimate interests, e.g., to ensure we can keep in touch with customers and provide you with the best possible service. |
| To prevent and detect fraud, security breaches, potential prohibited or illegal activities, and enforce our user agreements and policies. | For our or a third party's legitimate interests, e.g., to minimize fraud that could cause harm to us and you. |
| To conduct checks to identify and verify the identity of our customers; to screen for financial or other sanctions or embargoes; and to conduct other necessary processing to comply with legal and regulatory obligations applicable to our business. | To comply with our legal and regulatory obligations |
| To collect and provide information required for or related to audits, inquiries, or investigations by regulatory authorities | To comply with our legal and regulatory obligations |
| To ensure compliance with business policies, such as those covering security and internet usage. | For our or a third party's legitimate interests, e.g., to ensure we follow internal processes to provide you with the best possible service. |
| For operational reasons, such as improving efficiency, training, and quality control. | For our or a third party's legitimate interests, e.g., to improve efficiency as much as possible so that we can provide you with the best service at the best price. |
| To ensure the confidentiality of commercially sensitive information | For our or a third party's legitimate interests, e.g., to protect trade secrets and other commercially valuable information; to comply with our legal and regulatory obligations. |
| Statistical analysis to help us manage our business, e.g., analysis related to financial performance, customer base, product range, or other efficiency indicators. | For our or a third party's legitimate interests, e.g., to improve efficiency as much as possible so that we can provide you with the best service at the best price. |
| To prevent unauthorized access to and modification of our systems | For our or a third party's legitimate interests, e.g., to prevent and detect criminal activities that could cause harm to us and you; to comply with our legal and regulatory obligations. |
| To update and improve our customer records | To perform our contract with you, or to take steps at your request before entering into a contract; to comply with our legal and regulatory obligations; for our or a third party's legitimate interests, e.g., to ensure we can keep in touch with customers regarding existing orders and new products and/or services. |
| To ensure safe working practices, employee management, and evaluation | To comply with our legal and regulatory obligations; for our or a third party's legitimate interests, e.g., to ensure we follow internal processes and operate efficiently to provide you with the best possible service. |
| To promote our services and those of selected third parties to the following parties: existing and former customers; third parties who have previously expressed interest in our services; third parties with whom we have not previously had any business dealings. | For our or a third party's legitimate interests, e.g., to promote our business to existing and former customers. |
| To conduct credit reference checks through external credit reference agencies | For our or a third party's legitimate interests, e.g., to ensure our customers have the ability to pay for our products and services. |
| External audits and quality checks | For our or a third party's legitimate interests, e.g., to maintain our certification qualifications so that we can demonstrate we operate to the highest standards; to comply with our legal and regulatory obligations. |
The above table does not apply to special categories of personal data, and we will only process such data if we have obtained your explicit consent.
We may use your personal data to send you updates about our services (by email, SMS, telephone, or post), including exclusive offers, promotions, or new products and/or services.
We have a legitimate interest in processing your personal data for promotional purposes (see "How and Why We Use Your Personal Data" above). This means we generally do not need your consent to send you promotional information. However, if consent is required, we will ask for your consent separately and explicitly.
We will always treat your personal data with the utmost respect and will never sell it.
You have the right to opt out of receiving promotional information at any time by:
Using the "unsubscribe" link in emails,
Unchecking the "Analytics & Marketing" checkbox in our Cookie Policy.
We may ask you to confirm or update your marketing preferences if you instruct us to provide more products and/or services in the future, or if there are changes in laws, regulations, or our business structure.
If you do not want GameAuction to use information we have collected or that you have provided to us to deliver ads based on our advertisers' target audience preferences, you can opt out by visiting our Cookie Policy and unchecking the "Analytics and Marketing" checkbox.
You can also opt out of receiving targeted ads from NAI members on the Network Advertising Initiative (NAI) website.
Residents of certain states, such as California, Nevada, Colorado, Connecticut, Virginia, and Utah, may have additional personal information rights and choices. Please see "State Privacy Rights" for more information.
We typically share personal data with the following parties:
Other GameAuction users with whom you communicate
Members of our group of companies
Third-party service providers we use, such as payment service providers, technical service providers, risk management, and customer due diligence service providers, which help us provide you with our services.
We also work with some third parties, such as marketing agencies or website hosts, to help us run our business.
Third parties with your approval, such as social media sites to which you choose to link your account or third-party payment service providers.
Credit reference agencies
Our insurance companies and brokers
Our banks
We only allow service providers to process your personal data if we are satisfied that they have appropriate measures in place to protect your personal data. We also impose contractual obligations on service providers to ensure they only use your personal data to provide services to us and you. We may also share personal data with external auditors, for example, for ISO certification and account audits.
To comply with our legal and regulatory obligations, we may disclose and exchange information with law enforcement and regulatory authorities.
We may also need to share some personal data with other parties, such as potential buyers of part or all of our business, or during a corporate restructuring. In general, information will be anonymized, but this is not always possible. The recipient of the information will be subject to confidentiality obligations.
Information may be held in the offices of us, our group companies, third-party institutions, service providers, representatives, and agents, as described above (see: "Who We Share Your Personal Data With").
Some third parties may be located outside the European Economic Area (EEA). For more information, including how we protect your personal data in such cases, please see below: "Transferring Your Personal Data Outside the European Economic Area".
We will retain your personal data for as long as you have an account with us or we provide services to you. After that, we will retain your personal data for as long as necessary to:
Respond to any questions, complaints, or claims you raise or on your behalf.
Demonstrate that we have treated you fairly.
Reduce fraud against us or our active users
Keep records as required by law
We will not retain your personal data for longer than is necessary for the purpose for which it was collected. Different retention periods apply to different types of personal data.
When your personal data is no longer needed for retention, we will delete or anonymize it.
To provide you with our services, we sometimes need to share your personal data outside the European Economic Area (EEA), for example:
Our offices are located outside the EEA;
We work with you and our service providers located outside the EEA;
If you reside outside the EEA;
The services we provide to you are international.
These data transfers are subject to special provisions of European and UK data protection laws.
Data protection laws in these non-EEA countries differ from those in the UK and EEA. However, we will ensure that data transfers comply with data protection laws and that all personal data is secure. Our standard practice is to use standard data protection contractual clauses approved by the European Commission. To obtain a copy of these clauses or for more information, please contact us (see "How to Contact Us" below).
You have the following rights, which you can exercise free of charge:
| Right | Description |
|---|
| Right to Access | You have the right to obtain a copy of your personal data (right of access). |
| Right to Rectification | You have the right to request that we correct any errors in your personal data. |
| Right to Erasure (Right to be Forgotten) | In certain circumstances, you have the right to request that we delete your personal data. |
| Right to Restriction of Processing | You have the right to request that we restrict the processing of your personal data—in certain circumstances, for example, if you dispute the accuracy of the data. |
| Right to Data Portability | You have the right to receive the personal data you have provided to us in a structured, commonly used, and machine-readable format, and/or to transmit that data to a third party in certain circumstances. |
| Right to Object | You have the right to object to: (1) the use of your personal data for direct marketing (including profiling) at any time; (2) our continued processing of your personal data in certain other circumstances, for example, processing for the purpose of our legitimate interests. |
| Right to Avoid Automated Decision-Making | You have the right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significant effects. |
If you wish to exercise any of the above rights, please:
Complete the Data Subject Access Request form—available on our website at: Data Subject Access Request; or
Contact us by email, telephone, or letter—see below: "How to Contact Us";
Provide sufficient information to enable us to identify you (e.g., your full name, address, and customer or case reference number);
Provide proof of your identity and address (a copy of your driver's license or passport and a recent utility bill or credit card bill);
Inform us of the right you wish to exercise and the information your request relates to.
In addition to the above rights, if we rely on your consent as the legal basis for processing your personal data, you may withdraw your consent at any time, but this will not affect the legality of any processing carried out on the basis of your consent before its withdrawal.
We have implemented appropriate security measures to prevent the accidental loss, unauthorized use, or access of personal data. We only allow personnel who have a genuine business need to access your personal data. Personnel processing your information will only do so in an authorized manner and are subject to confidentiality obligations.
We have also developed procedures to respond to any suspected data security breaches. If required by law, we will notify you and any applicable regulatory authorities of any suspected data security breach.
We want to be able to resolve any questions or concerns you may have about how we use your information.
If you are located in the European Economic Area, the United Kingdom, or Switzerland, the General Data Protection Regulation gives you the right to lodge a complaint with the supervisory authority of the country where you work, reside, or where any alleged breach of data protection law occurred.
The California Consumer Privacy Act of 2018 ("CCPA") is a privacy law designed to establish various rights for California residents. This Section 17 (California Resident Privacy Notice) supplements the information contained in this Privacy Policy and applies only to individuals residing in California. This Section 17 is issued to comply with the CCPA, and any CCPA-defined terms used in this Section 17 have the same meaning as in the CCPA.
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("Personal Information"). Specifically, in the past 12 months, we may have collected the following categories of personal information about our customers:
| Category | Examples | Collected (Yes/No) | Sources |
|---|
| A. Identifiers | Real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers. | Yes | Directly from you, from your device, or from your use of our website |
| B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | Name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Certain personal information included in this category may overlap with other categories. | Yes | Directly from you, from your device, or from your use of our website |
| C. Protected classification characteristics under California or federal law. | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). | Yes | Directly from you |
| D. Commercial information. | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | Yes | Directly from you, from your device, or from your use of our website |
| E. Biometric information. | Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, facial characteristics, voiceprints, iris or retina scans, keystrokes, gait, or other physical patterns, as well as sleep, health, or exercise data. | No | Not applicable |
| F. Internet or other similar network activity. | Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. | Yes | Through your device or your use of our website |
| G. Geolocation data. | Physical location or movements. | Yes | Through your device or your use of our website |
| H. Sensory data. | Audio, electronic, visual, thermal, olfactory, or similar information. | No | Not applicable |
| I. Professional or employment-related information. | Current or past job history or performance evaluations. | No | Not applicable |
| J. Non-public education information (pursuant to the Family Educational Rights and Privacy Act (20 USC § 1232g, 34 CFR Part 99)). | Education records maintained by an educational institution or party acting for the institution that are directly related to a student, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | No | Not applicable |
| K. Inferences drawn from other personal information. | Profiles reflecting a consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | Yes | From marketing and advertising service providers. |
For more information on "Sources", please see Section 4 of this Privacy Policy; for more information on the information we collect, please see Section 3 of this Privacy Policy.
Please see Section 6 of this Privacy Policy for information on how we use your personal information.
In the past twelve (12) months, we may have shared the following categories of personal information for business purposes:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category D: Commercial information.
Category F: Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
Category G: Physical location or movements.
For information on the categories of third parties to whom we disclose your personal information for business purposes, please see Section 9 of this Privacy Policy.
You have the right to request that we disclose certain information about the personal information we have collected and used about you in the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
The categories of personal information we have collected about you.
The categories of sources from which the personal information was collected.
The business purpose for which we collected or sold the personal information.
The categories of third parties with whom we shared the personal information.
The specific pieces of personal information we have collected about you (also known as a data portability request).
If we sold or disclosed your personal information for business purposes, we will provide two separate lists disclosing:
Sales of information, listing the categories of personal information purchased by each category of recipient; and
Disclosures for business purposes, listing the categories of personal information disclosed to each category of recipient.
You have the right to request that we delete any of your personal information that we have collected and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete your personal information from our records (and direct our service providers to do the same), unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the achievement of such research, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which the information was provided.
To exercise the above right to access, data portability, and deletion, please submit a verifiable consumer request to us by:
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer access or data portability request twice within a twelve (12)-month period. A verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
If we cannot verify your identity or authority to make the request, and confirm that the personal information relates to you, we will not be able to respond to your request or provide you with personal information. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, in your preferred format. Any disclosures we provide will only cover the 12-month period preceding the receipt of your verifiable consumer request. Our response will also explain our reasons for denying your request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another without hindrance, unless your request is excessive, repetitive, or manifestly unfounded, in which case we may charge a reasonable fee to cover the costs of processing or responding to your request. If we determine that the request warrants a fee, we will notify you of the reason for the fee and provide you with a cost estimate before completing your request.
If you are a California resident, you have the right to direct a business not to sell your personal information. We do not sell information that directly identifies you, such as your name and email address. We share certain information and allow third parties to collect certain information about your activities, such as through cookies, as described in our Cookie Policy. We believe these activities do not constitute the sale of personal information under current regulatory guidance for the California Consumer Privacy Act (CCPA).
We will not discriminate against you for exercising any of your rights under the California Consumer Privacy Act (CCPA). Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you with a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Colorado, Connecticut, and Virginia also grant their residents the following rights:
To correct inaccuracies in their personal information, taking into account the nature of the information and the purposes of processing.
To opt out of the profiling of personal information that produces legal or similarly significant effects concerning them.
To exercise any of the above rights, please contact us at: legal@GameAuction.com.
Nevada grants its residents limited rights to opt out of the sale of certain personal information to third parties. Residents wishing to exercise this right may submit a request to legal@GameAuction.com. Please note, however, that we currently do not sell any data that would trigger the opt-out requirements under that statute.
This privacy statement was last updated on May 27, 2023.
We may change this privacy statement from time to time—in such cases, we will notify you by posting the updated privacy policy on the website or by email.
If you have any questions about this privacy policy or the information we hold about you, please contact us by post, email, or telephone.
Our contact details are as follows:GameAuction, Inc.650 Poydras Street, Suite 1400New Orleans, Louisiana 70130United States of Americalegal@GameAuction.com
