Privacy and Cookies Policy

2.1 This Privacy Policy explains how we collect, use, share, transfer, and “sell” (for California residents) your personal data when you use the services provided on our Site or interact with us; and your data privacy rights.

2.2 Personal data is any information about you by which you can be identified or be identifiable.

2.3 This can include information such as: your name, email address, mobile number; information about your device (such as the IP address, which is a numerical code to identify your device that can provide information about the country, region or city where you are based); information relating to how you use and interact with our Site and services.

2.4 When we refer to “personal data” in this Privacy Policy, we are also referencing “personal information,” as it is defined under California law.

2.5 Sometimes our Site and services may contain links to sites and services that are not part of Xsolla Mall offerings. These sites and services have their own privacy policies. If you follow a link to these non-Xsolla Mall sites and apps, you should read the privacy policy shown on their site.

We will only collect your personal data in line with applicable laws. We collect your personal data in various ways:

• directly from you, when you subscribe for our news and (or) services and when you browse our Site (such as address, email, name, some limited data from your social media profile when you authorize via social networks);
• directly from you, when you provide us with your personal data;
• personal data we generate about you (such as IP address, your geolocation data, information on how you interact with our services, your browsing history of the content you have visited on our Site, including how you were referred to our Site via other websites, details of your computer, mobile or other devices, for example, the unique device ID, unique vendor or advertising ID and browsers used to access our content);
• personal data we collect from third parties, e.g., personal data that helps us to combat fraud or which we collect, with your permission, when you interact with your social media accounts.

We may work with third parties, for example, business partners, sub-contractors for technical services, advertising networks, analytics providers and search information providers. If we receive information about you from them, we will always seek assurances that they are providing information to us in accordance with data protection laws and that they are transparent with you that they may share your data with us. We may use this information to update our records about you to keep them accurate.

We collect personal data when you:

• subscribe to Xsolla Mall;
• fill the forms on the Site’s pages and subpages;
• sign up for marketing communications;
• use mobile devices to access our content;
• access and interact with our Site;
• through cookies and other similar technology (Please see Section 14 “What Are Cookies? Why Do We Use Them?” and Section 15 “What Are Tracking Pixels? Why Do We Use Them?”);
• when you contact us via email, social media, our Site or when you mention us on social media.

6.1 Legitimate Interests. We process your information for our legitimate interests while applying appropriate safeguards that protect your privacy. We will not rent or sell personal information to anyone. Examples of when we rely on our legitimate interests to use your personal data include:

• to analyze what content has been viewed on our Site, so that we can understand how it is used and improve our content;
• to analyze the user’s interest in our services and to improve our services;
• to keep you informed about Xsolla Mall, e.g. to tell you about new features, solicit your feedback, and just keep you up to date with what’s going on with Xsolla Mall;
• for internal administrative purposes related to our services - such as our accounting and records;
• to inform you of any changes to our services, such as updates to our terms and conditions;
• to collect and log IP addresses to improve and manage our Site;
• enabling you to share our content with others using social media or email;
• contacting you directly via social media or email if you send us emails, enter competitions or engage with Xsolla Mall on social media or contact us;
• when we respond to your queries and to resolve complaints;
• for security and fraud prevention, and to ensure that our Sites and services are safe and secure and used in line with our Xsolla Mall Terms of Use.

6.2 Consent. Where consent is required for our use of your personal information, by ticking the appropriate consent box or clicking the “agree”, “submit”, “subscribe” or otherwise communicating your consent (for example, by email), you consent to our use of that personal information for the purposes covered by the specific consent that you have given. Examples of where we ask for your consent include:

• to send marketing emails to you, when we have asked your permission. You can withdraw your consent to receiving these emails at any time by clicking on the “unsubscribe” link at the bottom of the email;
• to place non-essential cookies, or other similar technology. Where we rely on cookies to collect any personal data, please see section 14 “What Are Cookies? Why Do We Use Them?” below. You can manage your cookie preferences through the cookie banner on the Site or in your browser settings. To withdraw your consent or make any other request regarding your personal data, please send an email to support@x.la with the object: “Xsolla Mall Data Subject Request”.

6.3 Compliance with law. In some cases, we may have a legal obligation to use or keep your personal data.

7.1 We endeavor to protect your data by storing it on secure servers and by using technical and organizational security measures to safeguard your personal data and to reduce the risk of loss, misuse, and unauthorized access, disclosure, and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access controls. Please understand, however, that no system is perfect or can guarantee that unauthorized access or theft will not occur.

7.2 Transmission of information via the Internet is not completely secure. We will do our best to protect your personal information, but we cannot guarantee the security of data transmitted via the Site; any transmission is therefore at your own risk. Once we have received your personal information, we will use strict procedures and security features (as mentioned above) to try and prevent unauthorized access.

We may share your data with the following categories of selected third parties in accordance with this Privacy Policy:

• service providers (for example, IT services) that provide services on our behalf;
• analytics and search engine providers that assist us in the improvement and optimization of the Site;
• law enforcement or regulatory agencies, or authorized third parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity through the Site that may expose us and/or the user or any third party to legal risks or liability.

These third parties who may receive your data will process that data for the purposes specified above and in accordance with applicable law. Xsolla Mall will retain a list of the third parties with whom data is shared, which will be available upon request.

We will not store your personal data for longer than we need to use it in accordance with this notice. Unless we let you know otherwise (or you request we erase your personal data), we will keep your personal data for as long as you remain a user of Xsolla Mall (for example, you regularly post your thoughts on forums or have a subscription to our news) or continue to wish to keep in touch with us.

You have the following rights with regard to your personal data:

Access. You have the right to access data we hold about you. We will need you to prove your identity before we release any personal data to you.

Rectification or erasure. You have the right to request that we rectify or delete any personal data that we hold about you (unless we have the legal right or obligation to retain it).

Restriction. You have the right to restrict our use of personal information if the data is inaccurate, our use of the information is unlawful or if we no longer need to use the data for the purposes for which we hold it.

Change of preferences. You can change your data processing preferences at any time. For example, if you have given your consent to direct marketing, but have changed your mind, you can opt out of receiving marketing communications by contacting us using the details provided below or clicking the “unsubscribe” link in any communication you receive.

Automated decision making. We do not knowingly conduct automated decision-making based on your personal data. If you have any questions in respect of our automated decision-making processes or the accuracy of them, please send an email to support@x.la with the object: “Xsolla Mall Data Subject Request”.

Data portability. You have the right to obtain personal data we hold about you, in a structured, electronic format, and to transmit such data to another data controller, where this is (a) personal data which you have provided to us and (b) if we are processing that data on the basis of your consent (such as your marketing preference information).

Complaints. If for any reason you are not happy with the way that we have handled your personal data, please contact us. If you are still not happy, you have the right to make a complaint to the supervisory authority.

To exercise any of the rights mentioned above, please send an email to support@x.la with the object: “Xsolla Mall Data Subject Request”.

Under the California Consumer Privacy Act, California Civil Code Section 1798.100, if you are a resident of California you may contact us with regard to the following rights in relation to your personal data:

Right of Access: You have a right to request access to the personal data we may hold on you for the past twelve (12) months. You may submit up to two (2) requests per year of access to your personal data.

Right to Opt-In/Opt-Out of Sale or Sharing of Personal Data: For individuals sixteen (16) years or older, you have the right to opt-out of sale or sharing of personal data we may hold on you.

Right to Deletion: You also have the right to ask us to delete the personal data we may hold on you or restrict how it is used. There may be exceptions to the right to deletion for specific legal reasons which, if applicable, we will set out for you in response to your request.

Right to Correction: You also have the right to ask us to correct the personal data we may hold on you if you deem it inaccurate.

Right to Non-Retaliation: We will not retaliate against you for exercising any of your California Consumer Privacy Act rights.

If you want to make any of these requests, please contact support@x.la with the object: “Xsolla Mall California Privacy Rights”. We will deal with requests for access to your personal data within forty-five (45) days for California-specific requests.

To help us respond as you expect, please specify that you are making a request under the California Consumer Privacy Act. We may need to request specific information from you to help us confirm your identity.

12.1 Xsolla Mall is based in the United States, and we process and store information on servers located in the United States. We may store information on servers and equipment in other countries depending on a variety of factors, including the locations of our users and service providers. By accessing or using the Site or otherwise providing information to us, you consent to the processing, transfer, and storage of information in and to the U.S. and other countries, where you may not have the same rights as you do under local law.

12.2 When we transfer the personal data of users in the EEA, UK and/or Switzerland, to our partners and subcontractors, we rely on the Standard Contractual Clauses approved by the European Commission for such transfers or other transfer mechanisms deemed ‘adequate’ under applicable laws.

We do not knowingly collect information from minors. If you believe that a minor has provided us with personal information without the required parental consent, please contact us at support@x.la.

If we become aware that we have collected personal information from a minor without the required parental consent, we will take reasonable steps to delete such information in accordance with applicable law.

If you are under thirteen (13) years of age in the United States, under sixteen (16) years of age in the European Union, or under the applicable age in your jurisdiction where parental consent is required, you may not use our Site or services unless your parent or legal guardian has provided verifiable consent to such use.

14.1 We use certain tools, such as cookies, to collect data about your visit to the Site such as device ID or unique identifier, device type, computer and connection information, statistics on page views, traffic to and from the Site, referring URL, Internet Protocol (“IP”) address and standard web log information.

14.2 A cookie is a small text file that is used to store information on your browser or your computer’s hard drive when you visit a Site. A cookie does not contain information that identifies a person, but it allows for the linking of your computer to the information provided by you on the Site (such as, for example, linking your IP address and other information about your experience on the Site to your preferences expressed while choosing services and purchasing products offered through the Site).

14.3 Cookies are disseminated by servers and no one may gain access to information contained therein. The information stored in cookies is gathered directly and automatically by the Site and is processed in an aggregate and anonymous manner.

14.4 The use of cookies and other automatic data collection tools is necessary for the proper functioning of the Site and its services. However, you can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. If you block all cookies (including essential cookies), Xsolla Mall cannot ensure that all web pages of the Site will be displayed correctly.

14.5 Below is the list of the cookies used by Xsolla Mall.

15.1 A tracking pixel is a small piece of code we may use to collect and share with online advertisers information on your usage of our webpages and mobile applications, such as the pages that you have visited, or the way you have interacted with them.

15.2 Through the tracking pixels, your browser automatically establishes a connection with the server of an online advertiser. In this way, the online advertiser receives the information that you have accessed one of our Sites or services.

15.3 This allows us to ensure that we are serving ads that match your interests, when you are visiting any of the websites of the online advertiser, or a website that includes ads served by the online advertiser, and to measure the statistics of users’ interaction with our site. If you are authenticated to an online advertiser using tracking pixels, e.g. by being registered and logged in to a social network, the online advertiser can assign the visit to one of our Sites or the access of our services to your account.

15.4 We have no influence on the extent to which the data collected through the tracking pixels is used by the online advertisers and therefore direct you to their privacy notices linked to in the table below.

A. Governing Law. This Privacy Policy and its interpretation shall be governed by the laws of the State of California, USA, without giving effect to any conflict-of-laws principles. Where mandatory data-protection or consumer-protection laws of your country of residence grant you rights or protections that differ from those set out here, those laws shall control to the extent required.

B. Relationship to the Terms. This Privacy Policy is referenced by, and forms part of, the Xsolla terms and agreements that govern your use of the Xsolla Mall (which those agreements may define collectively as the “Legal Agreements” in the Xsolla Mall Terms of Use). It should be read together with them; those agreements are provided to you separately and are not reproduced in this Privacy Policy. This Privacy Policy governs how your personal data is processed, and in the event of a conflict on that subject between this Privacy Policy and any other such agreement, this Privacy Policy controls.

C. Compliance with Legal Requests. Xsolla’s obligations are subject to existing laws and legal process, and Xsolla may comply with law enforcement or regulatory requests or requirements, including by disclosing personal data where required, notwithstanding any contrary provision of this Privacy Policy.

D. Severability. If any provision of this Privacy Policy is held to be invalid or unenforceable by a court or other tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

E. How to Contact Us. If you have any questions, requests, or complaints regarding this Privacy Policy or how we handle your personal data, contact us at support@x.la, or write to Xsolla (USA), Inc., 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, CA 91403, USA. Please keep the contact details in your account up to date so we can reach you with privacy-related notices.