PRIVACY POLICY

Factorio Merchandise Store

1. GENERAL

1. This Privacy Policy applies to the processing of the personal data in connection with the purchase of the merchandise online through our store (the “Store”) operated on the Website (as defined below). By buying merchandise or browsing the Website, you confirm that you have read this Privacy Policy and that you agree to be bound by this Privacy Policy. This Privacy Policy sets out the rights and obligations governing the relationship between us, WUBE SOFTWARE, as the owner and operator of the Store and the Website, and you, as the customer of the Store and visitor of the Website.

2. DEFINITIONS

1. In this Privacy Policy, the following capitalized terms shall have the following meanings, except where the context otherwise requires:

Terms such as “WUBE SOFTWARE”, “we”, “us” and “our” refer to WUBE SOFTWARE Ltd. odštěpný závod, company ID no. 03594009, which is governed by the laws of the Czech Republic and seated at Belgická 196/38, Vinohrady, 120 00 Prague 2, Czech Republic.

“Contact Details” means:

• postal address: Belgická 196/38, Vinohrady, 120 00 Prague 2, Czech Republic;
• e-mail eshop@factorio.com.

“Privacy Policy” means this Privacy Policy available at: https://factorio.com/store/privacy_policy.

“Order” means an online order of any merchandise from our Store.

“Order form” means the form through which you can place your Order online on our Store.

“Services” means the services provided by us within the meaning of the text below.

“Terms and Conditions” means Terms and Conditions available at: https://factorio.com/store/terms_and_conditions.

“Website” means our website available at: https://factorio.com/store/.

3. THE STORE

1. The Store is an online marketplace where you, as our customers, can purchase and order merchandise related especially to the video game Factorio, such as t-shirts and other promotional items, via an Order form, and have it delivered to the place specified in the Order form (the “Services”).

4. PERSONAL DATA PROTECTION

1. You acknowledge that we process the personal data provided by you especially via the Order form for the purpose of providing the Services or operating the Website in accordance with the legislation on processing and protection of personal data, in particular, but not exclusively, by Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (the “GDPR”), and any judicial or administrative interpretation of legislation relating to the processing and protection of personal data, any instructions, codes of conduct or approved mechanisms for issuing certificates issued by competent authorities.
2. Personal data means all information about an identified or identifiable natural person, in particular you or your contact person; an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to a particular identifier, such as name, identification number, location information, network identifier or one or more specific physical, physiological, genetic, psychological, economic, cultural or the social identity of this natural person.
3. You acknowledge and agree that we will process the provided personal data to the extent of (i) name and surname, (ii) shipping address, (iii) telephone number, (iv) e-mail address and (v) other identification and address data provided by you in connection with the Services and the Website. We process only personal data provided by you.
4. When you browse our Store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
5. Processing of personal data by us is lawful, because at least one of the following conditions is always met during processing:

1. you have given us consent to the processing of personal data as referred to in Article 6 (1) (a) GDPR for one or more specific purposes;
2. the processing of personal data is necessary for the performance of the contract between you and us or the implementation of measures taken prior to the conclusion of the contract at your request pursuant to Article 6 (1) (b) GDPR;
3. processing of personal data is necessary to fulfill the legal obligation applicable to us pursuant to Article 6 (1) (c) GDPR; or
4. processing of personal data is necessary for the purposes of our legitimate interests pursuant to Article 6 (1) (f) GDPR.

1. We process personal data for the following purposes:

1. in order to provide services and to fulfill our contractual obligations, we may process personal data provided by you or provided in the future by using its services. This processing of personal data is necessary for the performance of the contract between you and us;
2. we may process personal data necessary to assert our possible claims and also in order to protect our rights, such processing of personal data is in our legitimate interest.

1. We shall store personal data for the purpose of providing services and meeting contractual obligations pursuant to Article 4.6 a) above for the duration of the contract between you and us.
2. We shall store personal data in order to protect our rights under Article 4.6 b) above as long as our legitimate interest persists.
3. Therefore, we keep the personal data provided by you only for the time necessary to exercise the rights and obligations arising from the legal relations between the parties to the contract between you and us, but for a maximum period of 5 years, or until the withdrawal of consent to the provision of personal data. After this period, personal data are deleted by us.
4. To protect your personal data and privacy, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
5. We may pass on personal data provided by you to other processors who deliver financial, technical and other services to us, but always in accordance with the above purposes, especially:

1. companies involved in the transport of the merchandise;
2. companies involved in making payments;
3. provider of hosting and e-mail services;
4. our contracted accounting company.

6. You acknowledge that the Store is hosted on Shopify Inc. that provides us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify Inc.’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
7. Under the rules laid down in the GDPR, the personal data subject has the right in particular to:

1. access to their personal data;
2. correction of personal data, where appropriate to restrict their processing;
3. the deletion of personal data;
4. objecting to the processing of personal data;
5. the portability of their personal data;
6. withdrawal of consent to the processing of personal data,
7. filing a complaint with the competent authority if it considers that its processing has violated its right to the protection of personal data during its processing or related legal regulation.

8. In order to exercise any of these rights, you may contact us via the above Contact Details. We shall provide you with cooperation with the exercise of their rights.
9. We declare that we have taken appropriate technical and organizational measures to secure personal data provided by you.
10. There is no automated decision-making, including profiling, in the processing of your personal data.

5. THIRD PARTIES

1. Our Store and Website may also contain third-party links and search results or include third-party integrations. By using those links, you may be providing information including your personal information directly to the third-party, us or both. You acknowledge and agree that we are not responsible for how those third parties collect or use your information.
2. We process your personal data in the territory of the European Union.

6. MARKETING COMMUNICATION

1. If you have used our Services and have not directly prohibited us from doing so, we may send you marketing communication regarding the Services.
2. You may choose to receive the newsletters, surveys, discounts and other promotional materials from us by e-mail or messages.
3. We shall provide each such message or e-mail with an unsubscribe link so you can unsubscribe at any time.

7. COOKIES

1. We use cookies on our Website.
2. There are two basic types: (a) session cookies, which are deleted as soon as your visit to our website ends, and (b) persistent cookies which remain stored on your device far longer or until you remove them manually.
3. Cookies help us: (a) improve the user experience of our Website by understanding how people use it, and (b) to maintain the basic Website functionality.
4. You may reject or restrict cookies usage by using your browser.

8. MISCELLANEOUS

1. To the extent permitted by law, this Privacy Policy is governed and construed in line with the Czech law, and any dispute arising in connection with this Privacy Policy shall be settled solely at the competent court in the Czech Republic.
2. If any part of this Privacy Policy becomes invalid, legally ineffective or non-binding, the other parts of this Privacy Policy shall survive. In such a case, the invalid provision shall be enforced in full in accordance with the applicable law, and you shall adopt measures with an effect similar to the invalid, legally ineffective or non-binding measure, in accordance with the content and purpose of this Privacy Policy.
3. We may update this Privacy Policy by publishing updated Privacy Policy on our Website, and this shall apply and become effective from the date of such publication. By using any of the Services or our Website, you agree with the current wording of our Privacy Policy.
4. If you have any questions regarding the processing of personal data, please do not hesitate to contact us via our email address provided in this Privacy Policy.

This Privacy Policy enters into force and becomes effective as of 10th January, 2022.