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Privacy Policy

Last updated: November 29, 2021
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For further information about Privacy Policy or processing of data about you, please contact us by either of the following methods:

Email: gdpr@xsolla.com

Postal address: Arch. Makariou III, 155, Proteas House, 5th floor, 3026, Limassol, Cyprus

1. Controller and its representatives

The companies of Xsolla Group ("Xsolla") are "business" or "joint controllers" of personal data processed under this Privacy Policy. It means that these companies jointly determine the purposes and means of processing of these personal data.

Show the list of joint controllers

Xsolla (USA), Inc.

15260 Ventura Blvd., Suite 2230, Sherman Oaks, CA 91403 USA;
EU Representative: Suraway Ltd.

Suraway LTD

Representative of Xsolla in Europe
CRN: HE 314134
Arch.Makariou III, 155, Proteas House, 5th floor, 3026, Limassol, Cyprus
Email: gdpr@xsolla.com

Xsolla Berlin GmbH

c/o Bird & Bird LLP, Maximiliansplatz 22, 80333 Munich, Germany
EU Representative: Suraway Ltd.

Xsolla HK Limited

Suites 1401-02 14F, Rightful Centre No. 11-12 Tak Hing Street, Tsimshatsui, Hong Kong;
EU Representative: Suraway Ltd.

Xsolla LLC

614000, Perm city, Komsomolsky prospect, 1, entrance 2, floor 6, office 3, Russia;
EU Representative: Suraway Ltd.

Xsolla Games LLC

614000, Perm city, Komsomolsky prospect, 1, entrance 2, floor 6, office 2, Russia;
EU Representative: Suraway Ltd.

XSOLLA INDIA PRIVATE LIMITED

94, Pocket-4, Sector-11, Dwarka, NEW DELHI, South West Delhi, Delhi, India 110075
EU Representative: Suraway Ltd.

Under the arrangement between the companies of Xsolla, Xsolla (USA), Inc. is responsible for exercising the rights of the data subjects and for provision of the information to the data subjects who can use Xsolla (USA), Inc. as a contact point.

Please contact us at gdpr@xsolla.com if you want to get acquainted with the essence of the arrangement.

To contact Xsolla (USA), Inc. please use the following contact details:

Email: support@xsolla.com (marked "Data Privacy Issues")

Postal address: 15260 Ventura Blvd., Suite 2230, Sherman Oaks, CA 91403 USA

2. Data protection officer

Data subjects may contact the Data Protection Officer of Xsolla with regard to all issues related to processing of their personal data and to the exercise of their rights under data protection law using the following contact details:

Email: gdpr@xsolla.com

Postal address: Arch. Makariou III, 155, Proteas House, 5th floor, 3026, Limassol, Cyprus

3. Purposes and legal basis for the processing

We use the information we collect from and about you within Xsolla for a variety of business purposes including to: license different software; improve design and functions of the website and our business; send you a conventional direct marketing in order to fulfill orders and other requests, respond to your questions, and communicate with you; respond to questions or technical problems; provide support and security for Xsolla Products; and as more fully described in this Privacy Policy.

We also may use your information within Xsolla for commercial purposes, including: send you and similar consumers direct marketing; we also may send you an advertisement from Xsolla about our business partners, if we have your consent to receive such information; or otherwise with your permission. We may further use your information as permitted by law.

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Xsolla processes personal data for the following purposes and on the following legal bases:

PurposeLegal Basis
To license different software (including computer games) for a fee to the users of the website.
To provide smooth functioning of the website by storing users’ information (so that they do not have to reenter it during their current or future website sessions) and with the use of third parties’ hosting, maintenance, and security services.
To provide the users of the website (game developers only, and at their request) with a special form to help them find prospective investors for their game project (the "Application Form").
To provide technical and other customer support.
To improve design and functions of the website on the basis of analysis of users’ behavior on the website and aggregate website usage metrics (total number of visitors and pages accessed).
To automatically update the software purchased by the users of the website from Xsolla.
To provide the users of the website (at their request) with information on the terms of their probable cooperation with Xsolla or the capabilities of services offered by Xsolla.
For conventional direct marketing in order to fulfill orders and other requests, respond to your questions and communicate with you; to send you technical notices, updates, administrative messages, security alerts, information regarding changes to our Legal Agreements.

To protect the security or integrity of the Services and our business such as by protecting against and preventing violation of the EULA, General Terms and other Legal Agreements, including combating fraud, misuse of services, piracy, cheating, tampering, unauthorized transactions, claims, and other liabilities, and managing risk exposure.

For enforcement of legal claims including debt collection via out-of-court procedures.
To comply with applicable laws (including copyright, defamation, tax, and data protection laws).

To provide targeted advertisement and to evaluate for marketing purposes certain personal aspects relating to the data subject, in particular to analyse or predict aspects concerning the data subject's personal preferences, interests, behavior, and location. Applicable for registered Publisher Account (https://publisher.xsolla.com/) users only ("Partner Account").

To perform individual and group studies, statistical analysis and market research with relation to data subject’s preferences for the online game industry.
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4. Rights of the data subject

Users residing in certain countries, including the EU, are afforded certain rights regarding their personal information. Except where an exception or exemption applies, these rights include the ability to access, correct, and request deletion of your personal information. To exercise any of the rights the data subject shall contact Xsolla via the following email: support@xsolla.com.

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Review and update account information. If you have registered an account (Partner Account or Babka Account), you may at any time review or update the personal information in your account through your account settings or by contacting us at support@xsolla.com. We may require additional information from you to allow us to confirm your identity. Please note that we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Right to access. The data subject can ask Xsolla to confirm whether or not Xsolla processes their personal data. If so, the data subject can access these personal data and can ask Xsolla to explain certain details of the processing. To exercise the right to access, the data subject shall contact Xsolla via the following email: support@xsolla.com.

Right to rectification. The data subject can ask Xsolla to correct inaccurate personal data concerning him or her. If it complies with the purposes of the processing, the data subject can ask Xsolla to complete incomplete personal data. To exercise the right to rectification, the data subject shall contact Xsolla via the following email: support@xsolla.com.

Right to erasure ("right to be forgotten"). The data subject can ask Xsolla to erase personal data concerning him or her under applicable law. For example, this applies if (1) the personal data are no longer necessary in relation to the purposes for which they were processed; (2) the data subject withdraws consent to the processing and there is no other legal ground for the processing; (3) the personal data have been unlawfully processed. To exercise the right to erasure, the data subject shall contact Xsolla via the following email: support@xsolla.com.

Right to restriction on processing. The data subject can ask Xsolla to mark the stored personal data with the aim to limit their processing in the future under applicable law. This applies if (1) the data subject contests the accuracy of the personal data; (2) the data subject asks to restrict the use of the personal data when their processing is unlawful; (3) the data subject needs personal data to protect their rights when Xsolla no longer needs the personal data; (4) the data subject has objected the processing based on the legitimate interests pursued by Xsolla or by a third party. To exercise the right to restriction on processing, the data subject shall contact Xsolla via the following email: support@xsolla.com.

Right to object to processing. The data subject can object, on grounds relating to their particular situation, at any time to processing of personal data concerning him or her which is based on the legitimate interests pursued by Xsolla or by a third party. Xsolla shall no longer process the personal data unless Xsolla demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

Right to portability. When the processing is based on consent of the data subject or on a contract with the data subject, the data subject can receive the personal data concerning him or her, which he or she has provided to Xsolla, in a structured, commonly used and machine-readable format and can freely transmit those data to another controller. Where technically feasible, the data subject can also ask Xsolla to transmit the personal data directly to another controller. To exercise the right to portability, the data subject shall contact Xsolla via the following email: support@xsolla.com.

Right to withdraw consent at any time. Where processing is based on consent, the data subject can withdraw their consent at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal. To exercise the right to withdraw consent, the data subject shall contact Xsolla via the following email: support@xsolla.com.

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Right to lodge a complaint with a supervisory authority. When Article 77 of the General Data Protection Regulation (the GDPR) applies, the data subject can lodge a complaint with a supervisory authority, in particular in the member state of the European Union of their habitual residence, place of work or place of the alleged infringement.

5. The most important aspects of the data processing

Data subjects shall pay special attention to the following information on the processing of their personal data which has the most impact on them and processing which could surprise them:

  1. Xsolla processes personal data for marketing purposes including profiling. For details please refer to the following sections of this Privacy Policy

    Categories of personal data concerned from third-party sources

    Purposes and legal basis for the processing

    Recipients of the personal data

    Automated decision-making including profiling

  2. Xsolla transfers personal data to the countries that provide different levels of protection of natural persons with regard to the processing of personal data. For details please refer to the Transfers to third countries section of this Privacy Policy.

  3. Xsolla stores personal data for a certain period of time. For details please refer to the Storage period section of this Privacy Policy.

6. Categories of personal data concerned from third-party sources

Xsolla can receive personal data both directly from the users and indirectly from the third parties such as developers and publishers of the software, payment processors and third-party services that support Xsolla business.

We collect information you provide to us when you access, use, request or purchase the software or physical goods, request information from us, register with us, or otherwise interact with Xsolla. We may use online tracking, such as cookies and similar technology, to collect information, when you walk through the Services, and we also may collect information from third parties (such as external business partners).

The types of information that we collect depend on how you use the Services and interact with us. You can control the personal information we collect from you unless we need it for the requested activity by contacting us at support@xsolla.com.

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Personal data, which may be provided to Xsolla directly from the user are:

  • identity and contact details of the user: full name, email address, home or mobile telephone number, address, postal code, country, transaction ID, position (gamer, developer, manager, etc.);
  • type of the request (new business, billing questions);
  • information you provide for your game project verification purposes when fill the Application Form, including your studio (legal entity) name, team size, launched game(s), team and game portfolio, website name, technical characteristics of the game.

Xsolla processes the following categories of personal data from third-party sources:

  • identity and contact details of the user: full name, date of birth, age, sex, nickname, profile picture, email address, home or mobile telephone number, address, postal code, PayPal account, bank account and credit card number and billing information;
  • the user’s Internet Protocol address (IP address), geolocation, a unique user ID, version of software installed, system type, the content and pages accessed on the website, dates and times of visits of the website, time zone, the user’s accounts in social networks (including profile picture and information on education, job, marital status); tokens for access to the user’s accounts in social networks, accounts in social networks of friends of the user (including nicknames, profile pictures), history of payments with the use of the website, fingerprint of the user’s device and IP (identification of position) at the time of a payment;
  • "cookies information" of the user (session and persistent cookie files), see our Cookie Policy here.

If you link a third party account, such as a social media account, to your Babka Account please see more information in Section 11.2 Social Media.

  • to purchase the software: full name; email address; home or mobile telephone number; credit card number (or other payment details depending on the payment method you choose);
  • to purchase the physical goods: full name; email address, home or mobile telephone number, address, postal code, country, credit card number (or other payment details depending on the payment method you choose);
  • to become a partner: full name; email address, telephone number, address, postal code, country, PayPal or bank account; position.

Minimum Data. To enter into a contract with Xsolla (EULA for the customer or Terms of Use for the partner) and to let Xsolla perform a contract with you, the data subject shall provide Xsolla with the following personal data:

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7. Recipients of the personal data

We may share information about you with game developers, contractors whom we engage to provide services to us, such as processing payments; providing customer service through chat features; monitoring activity on our website; administering, sending and monitoring emails and text messages, government authorities and certain third parties, as described below, and as otherwise described in this Privacy Policy. We do not sell or otherwise share personal information about you, except as described in this Privacy Policy.

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Xsolla may disclose personal data to the following recipients:

  • developers and publishers of the software licensed by Xsolla to the users of the website;
  • payment processors retained by Xsolla to process payments of the users of the website;
  • providers of hosting, maintenance, and security services retained by Xsolla to run the website;
  • advertising and marketing companies for purposes of executing and optimizing campaigns, and effectiveness assessment of advertising and other marketing strategies solely on Xsolla's behalf;
  • prospective investors for user’s (game developers only) game project(s);
  • government authorities including tax authorities and police;
  • the companies of Xsolla when it is necessary to perform the contract to which the data subject is party.
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8. Transfers to third countries

Information processed by Xsolla may be transferred across borders, and from your country or jurisdiction to other countries or jurisdictions around the world, including the U.S. Data protection laws in the U.S. and other jurisdictions may be different from those of your country of residence. By purchasing the software and (or) physical goods or otherwise using the Services, you are expressly consenting to the transfer to and from, processing, usage, sharing, and storage of your information, including personal data, in the U.S. as well as other jurisdictions where Xsolla conducts business or provides services. If your data is collected in the United Kingdom, the European Union or Switzerland, we will transfer your personal data subject to appropriate safeguards, such as Standard Contractual Clauses.

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Xsolla transfers personal data to the following countries that, under decisions of the European Commission, ensure an adequate level of protection of natural persons with regard to the processing of personal data (adequacy decision under Article 45 of the GDPR): Argentina, Canada (commercial organisations), Israel, Japan, New Zealand, Switzerland.

Xsolla also transfers personal data to the following countries on the basis of standard data protection clauses adopted by the European Commission (standard data protection clauses under Article 46.2 of the GDPR):

  • Albania, Algeria, Armenia, Australia
  • Belarus, Bolivia, Bosnia and Herzegovina, Brazil
  • Chile, China, Colombia, Costa Rica
  • Dominican Republic
  • Ecuador, Egypt
  • Georgia, Greenland, Guatemala
  • Hong Kong
  • Iceland, India, Indonesia, Iran, Iraq
  • Jordan
  • Kazakhstan, South Korea, Kyrgyzstan
  • Lebanon
  • Malaysia, Martinique, Mexico, Moldova, Mongolia, Montenegro, Morocco
  • Nepal, Nicaragua
  • Pakistan, Paraguay, Peru, Philippines
  • Russia
  • Saudi Arabia, Singapore, Serbia, South Africa
  • Taiwan, Thailand, Tunisia, Turkey
  • Ukraine, United Arab Emirates, United States of America, Uzbekistan
  • Vietnam, Venezuela

Please note that the countries listed above are the countries of the developers, payment system providers and (or) prospective investors place of operating. Your personal data will be transferred to one of these countries only if the developer of the software you have chosen, or payment system provider operates in this country, or your Application Form is interesting for the prospective investor.

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9. Storage period

Xsolla stores personal data for as long as required to achieve the purposes of their processing, but anyway no more than five years after that in anonymous form in order to combat fraud and for reporting purposes. For example, if you create Babka Account or Partner Account we will store the personal information associated with your account for as long as needed to maintain your account, provide the Xsolla Services you requested, enforce any applicable terms that govern your use of the Xsolla Services, and maintain appropriate records to reflect our delivery of the Xsolla Services to you. We periodically review the personal information we retain to determine whether continued storage is proper. We may still retain some of your personal information in our files for a reasonable period of time to resolve disputes, enforce our EULA, General Terms or Terms of Use, administer our services, comply with technical and legal requirements, and/or other constraints related to the security, integrity, and operation of our Services, after which we will take steps to delete your personal information.

To provide fair processing of personal data, Xsolla regularly reminds data subjects that Xsolla processes their personal data and that they have legal remedies to stop this processing.

10. Security

We maintain administrative, technical and physical safeguards designed to protect the personal information we collect through the Services against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. Xsolla regularly monitors compliance with these measures.

Our administrative safeguards include implementing, maintaining, and training employees on company privacy and information security policies and procedures. Our physical and technical safeguards include maintaining physical security policies and standards to protect company systems and data, and a cybersecurity program overseen by our executive leadership team.

11. Source of personal data

11.1 Xsolla receives personal data not only from data subjects themselves, but also from payment systems, games developers, social networks, Google Analytics (web analytics service offered by Google), and other privately held sources in the field of internet services.
11.2 Social Media. If you choose to link a third party account, such as a social media account, to your Babka Account, the third party will provide Xsolla with information about that social media account. Because those organizations determine what information they will collect from you, it may vary according to their services, but is likely to include details such as your name, email address, photo, gender, birthday, location, your list of friends, people you follow and/or who follow you, the posts or the ‘likes’ you make. If you have linked your Babka Account with certain social network or gaming platforms, such as Facebook or Steam, you may unlink your accounts at any time by visiting your Babka Account settings. Please note that unlinking your accounts will not affect any information previously shared through the linking. Xsolla is not responsible for any platform practices, and we recommend that you carefully review their online policies.

12. Automated decision-making including profiling

Xsolla may use automated decision-making as a part of functionality of Publisher Account (https://publisher.xsolla.com/) for providing you with supporting emails aimed to assist you in project management or to carry out anti-fraud checks on the transactions you perform. For example, we automatically match the information you provide with our databases and use a probability approach in order to detect fraud. However, if you are in the European Union, you have the right to object to the automated decision and have it manually reviewed based also on information that you can provide.

You can contact us at support@xsolla.com to exercise your right.

You will not be subject to decisions that will have a significant impact on you based solely on automated decision making, unless we have a lawful basis for doing so and we have notified you.

In any case, you will be notified of this before the start of the processing of your data for these purposes by receiving a request from Xsolla to give appropriate consent.

13. Children’s Privacy

Xsolla's Services are designed for a general audience and are not directed to children. We do not knowingly collect or solicit personal information from children under the age of thirteen (13) (or other relevant ages, which may apply by virtue of applicable law) through our Services. If we become aware that we have collected personal information from a child under such age, we will promptly delete the information from our records. If you find out that a child under age has provided Xsolla with their personal data, please contact Xsolla at support@xsolla.com.

In general, children may access the Service only if Xsolla has obtained prior verifiable parental consent from their parent or guardian in compliance with the U.S. Children's Online Privacy Protection Rule and other applicable data protection and security laws. If you are a parent or guardian, please discuss this Privacy Policy, EULA and General Terms with your children so that they will better understand how to deal with Xsolla, the information they may be asked to provide when purchasing the software, physical goods and when they otherwise use the Service. If you have any questions or comments about how we treat children's information, please contact us at support@xsolla.com (marked "Children Protection").

Please note that parents and guardians are responsible for the acts of children under the age of majority using Xsolla Services.

14. California Privacy Rights

These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 ("CCPA") provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights.

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In the past 12 months, Xsolla has collected the same categories of personal information which are mentioned in the "Categories of personal data concerned from third-party sources" section. We collect and use these categories of personal information for the business purposes described in the "Purposes and legal basis for the processing" section.

Xsolla does not generally sell information as the term "sell" is traditionally understood. However, to the extent "sale" under the CCPA would be interpreted to include any of the activities described in the "Purposes and legal basis for the processing" and "Recipients of the personal data" sections, we will comply with applicable law as to such activity. Xsolla does not disclose any personal information to any third party.

Right to know and delete. If you are a California resident, you have the right to delete personal information we have collected about you and you have the right to know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the:

  • categories of personal information we have collected about you;
  • categories of sources from which the personal information was collected;
  • categories of personal information about you we disclosed for a business purpose or sold;
  • categories of third parties to whom the personal information was sold or disclosed for a business purpose;
  • business or commercial purpose for collecting or selling the personal information;
  • specific pieces of personal information we have collected about you.

To exercise any of these rights, please contact Xsolla via the following email: support@xsolla.com

Right to opt-out. Under the California Consumer Privacy Act, you have the right to opt out of the sale of your personal information to third parties at any time. Xsolla does not "sell" your personal information as it is currently defined under the CCPA. You may contact us at help.xsolla.com, or email us at support@xsolla.com if you have any questions or concerns.

Under Section 1798.83 of California Civil Code, data subjects that are California residents can ask Xsolla to provide information on disclosure of their personal data to third parties for direct marketing purposes of these third parties. To make such a request, California residents can contact Xsolla via the following email support@xsolla.com or you can write us at 15260 Ventura Blvd., Suite 2230, Sherman Oaks, CA 91403 USA (Attention: Xsolla (USA), Inc., Customer Support).

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15. Changes to this Privacy Policy

Xsolla may change this Privacy Policy from time to time at its sole discretion. If so, Xsolla notifies the users of the websites about these changes by a pop-up line on the website.