Privacy Policy

1. Controller and its representatives

The companies of Xsolla Group ("Xsolla") are 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. Xsolla includes the following companies:

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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:

Phone number: {phone}

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.

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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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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:

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.

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6. Legitimate interests pursued by Xsolla and third parties

1. improvement of design and functions of the website;

2. conventional direct marketing and other forms of marketing or advertisement;

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3. enforcement of legal claims including debt collection via out-of-court procedures; prevention of fraud or misuse of services; IT and network security; marketing research.

7. 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 and payment processors.

1. 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.);

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2. type of the request (new business, billing questions);

3. 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.

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8. 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.

Xsolla discloses personal data to the following recipients:

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9. 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.

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.

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10. Storage period

Xsolla stores personal data for as long as required to achieve the purposes of their processing, and (or) as long as your account in the Publisher Account (<a href='{link}' target='_blank'>{link}</a>) is active, as well as no more than five years after that in anonymous form in order to combat fraud and for reporting purposes. 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.

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11. Requirement to provide information

To enter into a contract with Xsolla and to let Xsolla perform a contract with him or her, the data subject shall provide Xsolla with the following personal data:

If the data subject does not provide these personal data to Xsolla, Xsolla cannot enter into and perform an agreement with him or her.

12. Source of personal data

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.

<strong><u>13.2 Social Media.</u></strong> 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.

13. Automated decision-making including profiling

Xsolla may use automated decision-making as a part of functionality of Publisher Account ({link}) 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 the details below to exercise your right.

14. Children’s Privacy

Xsolla does not process personal data of children under the minimum legal age under local legal requirements in the state, province, or jurisdiction of residence and takes appropriate measures to ensure that they do not use its services. If you find out that a child under age has provided Xsolla with his or her personal data, please contact Xsolla at https://publisher.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 {link3} (marked "Children Protection").

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

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15. 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.

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.

16. 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.

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