Privacy Policy

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

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:

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:

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.

Show more

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.

Show more

5. Response Processing

We will try to promptly process your request regarding data privacy in the following manner:

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

6. Response from authorized agent

1. 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.

2. 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.

3. 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.

7. 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.

4. 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.

8. 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.

Show more

9. 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.

All parties that may have access to personal data under a certain legal basis will provide the same or equal protection of your data as stated in this Privacy Policy.

Show more

10. 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.

Show more

11. 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.

12. 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.

13. Source of personal data

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.

14. 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.

15. 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.

16. 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.

Show more

17. 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.