Postal address: Arch. Makariou III, 155, Proteas House, 5th floor, 3026, Limassol, Cyprus
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15260 Ventura Blvd., Suite 2230, Sherman Oaks, CA 91403 USA;
EU Representative: Suraway Ltd.
Representative of Xsolla in Europe
Arch.Makariou III, 155, Proteas House, 5th floor, 3026, Limassol, Cyprus
c/o Mindspace, Krausenstrasse 9-10, 10117 Berlin, Germany
EU Representative: Suraway Ltd.
Suites 1401-02 14F, Rightful Centre No. 11-12 Tak Hing Street, Tsimshatsui, Hong Kong;
EU Representative: Suraway Ltd.
614000, Perm city, Komsomolsky prospect, 1, entrance 2, floor 6, office 3, Russia;
EU Representative: Suraway Ltd.
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 email@example.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: firstname.lastname@example.org (marked "Data Privacy Issues")
Postal address: 15260 Ventura Blvd., Suite 2230, Sherman Oaks, CA 91403 USA
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: email@example.com
Postal address: Arch. Makariou III, 155, Proteas House, 5th floor, 3026, Limassol, Cyprus
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.
Xsolla processes personal data for the following purposes and on the following legal bases:
|To register an account with Xsolla at https://babka.com/ (“Babka Account”)||Performance of a contract to which the data subject is party.|
|To license different software (including computer games) for a fee to the users of the website.||Performance of a contract to which the data subject is party.|
|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.||Performance of a contract to which the data subject is party.|
|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").||Performance of a contract to which the data subject is party.|
|To provide technical and other customer support.||Performance of a contract to which the data subject is party; Legitimate interests pursued by Xsolla.|
|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).||Legitimate interests pursued by Xsolla (USA), Inc.|
|To automatically update the software purchased by the users of the website from Xsolla.||Performance of a contract to which the data subject is party.|
|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.||Necessity of the processing in order to take steps at the request of the data subject prior to entering into a contract.|
|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.||Legitimate interests pursued by the Xsolla entity with which the user has a contract.|
|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.||Legitimate interests pursued by the respective Xsolla entity.|
|For enforcement of legal claims including debt collection via out-of-court procedures.||Legitimate interests pursued by the respective Xsolla entity.|
|To comply with applicable laws (including copyright, defamation, tax, and data protection laws).||Compliance with a legal obligation to which the respective Xsolla entity is subject.|
|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").||Consent of the data subject to the processing of their personal data.|
|To perform individual and group studies, statistical analysis and market research with relation to data subject’s preferences for the online game industry.||Consent of the data subject to the processing of their personal data.|
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: firstname.lastname@example.org.
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 email@example.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: firstname.lastname@example.org.
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: email@example.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: firstname.lastname@example.org.
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: email@example.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: firstname.lastname@example.org.
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: email@example.com.
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.
If you are not satisfied with our response, you may refer your complaint to the applicable supervisory authority.
Right to non-discrimination. You will not be discriminated against for exercising any of your privacy rights. Any ways of discrimination are prohibited, including but not limited to denying provision of Services, providing a different Services, charging different prices or rates for Services.
We will try to promptly process your request regarding data privacy in the following manner:
In order to ensure your request Xsolla will ask to verify your identity by a proof of your previous payment to Xsolla from your payment system account or by email, which is linked to your previous payment in Xsolla.
After that Xsolla will provide you with information on the action taken on a request without undue delay and in any event within 30 days of receipt of the request.
In case your erasure request to delete the information, we will not inform you about the result as we will remove your personal info including the original email.
Please note that in some exceptional cases we may suggest you send a request to a game developer directly due to instructions and agreements between a few game developers and Xsolla.
If your response is considerably complex, or We have received a number of various requests from you at once, the above stated timeframe may be extended up to 2 months. We will directly notify you about such an extension before the due date of the response in the same manner as the request did.
Please note the response might be considered as a complex one upon the specific circumstances of that certain response. For example, if data is already electronically archived, or we need to clarify potential issues around disclosing information about a child to a legal guardian, or obtain specialist legal advice.
In exceptional cases, we may charge you a reasonable fee for the administrative costs of request processing when the request is manifestly unfounded or excessive or the request is unreasonably duplicative.
Xsolla keeps records about privacy requests for no more than 24 months to 5 years due to applicable legislation (except the erasure requests) in order to comply with certain requirements.
An authorized agent under the terms of CCPA may send the privacy request on behalf of the user in the same manner as the user may with the confirmation of their authority.
In case Xsolla receives request from authorized agent without any authority confirmation, we may ask such an authorized agent we may ask the following in order to verify the authenticity and validity of the request:
To provide signed permission confirming the authority of the agent;
To confirm the user's identity or provide Power of Attorney when applicable.
Xsolla may deny a request from an authorized agent that does not submit proof that they have been authorized by the user to act on their behalf.
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:
Categories of personal data concerned from third-party sources
Purposes and legal basis for the processing
Recipients of the personal data
Privacy settings. You can at any time change your privacy settings using your personal Privacy settings tool. You can provide or withdraw your consent from the cookie declaration on our website or applicable Xsolla Product and/or you can provide or withdraw your consent with using your personal data for providing you and other users with customized content on the Services and Xsolla Products, targeted offers and advertising on the Services and Xsolla Products, via email and text message, or on the website, or social media on behalf of Xsolla or our business partners and contact you with information, newsletters, and promotional material.
Please find a button "Privacy settings" or "Do Not Sell My Personal Data" in the bottom of the website or applicable Xsolla Product and manage your confidential settings.
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 firstname.lastname@example.org.
Personal data, which may be provided to Xsolla directly from the user are:
Xsolla processes the following categories of personal data from third-party sources:
If you link a third party account, such as a social media account, to your Babka Account please see more information in Section 13.2 Social Media.
If the data subject does not provide these personal data to Xsolla, Xsolla cannot enter into and perform an agreement with him or her.Show less
Xsolla may disclose personal data to the following recipients:
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.
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):
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.Show less
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.
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.
13.1 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.
13.2 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.
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 email@example.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.
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 firstname.lastname@example.org.
Please note that parents and guardians are responsible for the acts of children under the age of majority using Xsolla Services.
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.
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:
To exercise any of these rights, please contact Xsolla via the following email: email@example.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 firstname.lastname@example.org if you have any questions or concerns.
Right to Non-Discrimination For The Exercise Of Your Privacy Rights. You have the right to be protected from discrimination for exercising your CCPA rights. We will not discriminate against you for exercising your rights under the CCPA.
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 email@example.com or you can write us at 15260 Ventura Blvd., Suite 2230, Sherman Oaks, CA 91403 USA (Attention: Xsolla (USA), Inc., Customer Support).Show less