PRIVACY POLICY

This Privacy Policy was last modified on 09/18/2024.

We take your privacy and trust very seriously. Xsolla (USA), Inc., a California corporation, with its principal place of business located at 15260 Ventura Blvd., Suite 2230, Sherman Oaks, California 91403, USA (“Company”, “us”, “we”, or “our”) operates a Partner Network website located at x.la/xpn (the “Website”). This policy informs you of our practices regarding the collection, use and disclosure of information, including personally identifiable information we receive from users and (or) visitors (or “you”) (a) of the Website (b) or landing pages powered by Partner Network, (c) the Partner Network online platform, and (d) all other services provided by Partner Network, as described on the Website (collectively, the “Platform”).

Please select from the different sections of this Privacy Policy to understand our practices, your rights and our promise to safeguard your information.

1. TYPES OF PERSONAL INFORMATION WE COLLECT

1.1 “AUTOMATICALLY COLLECTED” INFORMATION

1.2 COOKIES

1.3 PERSONAL INFORMATION YOU PROVIDE DIRECTLY

1.4 INFORMATION FROM OTHER SOURCES

2. PURPOSES AND LEGAL BASIS FOR THE PROCESSING

3. SHARING YOUR PERSONAL INFORMATION

4. YOUR RIGHTS IN CONNECTION WITH YOUR PERSONAL INFORMATION

5. STORAGE PERIOD

6. DATA TRANSFERS

7. DATA SECURITY

8. CHILDREN’S PRIVACY

9. CALIFORNIA PRIVACY RIGHTS

10. THIRD PARTY WEBSITE

11. CHANGES AND UPDATES TO THIS PRIVACY POLICY

12. CONTACT INFORMATION

1. TYPES OF PERSONAL INFORMATION WE COLLECT

“Personal Information” is defined as any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains. We use your Personal Information for providing and improving the Platform and (or) provide you with the opportunity to create, manage, and scale marketing programs intended to generate greater online awareness of games and (or) for other purposes specified in this Privacy Policy.

1.1 “AUTOMATICALLY COLLECTED” INFORMATION

When you start your registration on the Platform to create your personal account (“Account”), we collect information about the browsers, and devices you use to access our Platform by using different types of technology. The categories of information we have automatically collected in the last 12 months include the user’s Internet Protocol address (IP address), geolocation, a unique user ID, version of software installed, system type, browser type, computer or device type, unique device identifiers, operating system version, the name of your Internet service provider (ISP), graphics processing unit (GPU), and central processing unit (CPU). We also collect data about the features you use, the products or services you view and use, the time of day you browse, information regarding your interaction with the Platform, the website from where you navigated to our Platform, and the web pages you visit.

Please note that when you are using the Platform to produce live-stream production to third-party platforms such as Twitch and Youtube we may collect the following information: your live video and audio streams, image files you upload during your broadcasts and information collected from your chats during your streams.

1.2 COOKIES

1.2.1 Cookies are pieces of information placed on your device when you visit a website that act as a unique tag to identify your browser. The cookie is then sent back to the originating website on each subsequent visit, or to another website that recognizes it. Cookies are an extremely useful technology and do lots of different jobs.

1.2.2 We use cookies for purposes such as improving the functionality of the Platform, letting you navigate on the page efficiently, remembering your preferences, making ads you see more relevant and generally improving the user experience. To the extent that the cookies we employ are non-essential for the functioning of the Platform, we will request your consent for their usage when you first visit our Platform.

1.2.3 If you prefer, you can also directly access and manage cookies on your device by adjusting the settings in your browser. This allows you to manually control the acceptance or rejection of cookies, as well as delete existing cookies stored on your device.

1.2.4 If you want to know more about cookies, please visit our Cookie Policy. In addition to the cookies specified in this Cookie Policy we may use the following cookies:

Essential cookies

Analytical/performance cookies

1.2.5 We may use “pixel tags,” also known as “web beacons,” which are small graphic files that allow us to monitor the use of our Platform. A pixel tag is a type of technology placed on a website or within the body of an email for the purpose of tracking activity on websites, or when emails are opened or accessed, and is often used in combination with cookies. A pixel tag can collect information such as the IP (Internet Protocol) address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time the page containing the pixel tag was viewed; the type of browser that fetched the pixel tag; and the identification number of any cookie on the computer previously placed by that server.

1.3 PERSONAL INFORMATION YOU PROVIDE DIRECTLY

1.3.1 When you continue your registration on the Platform or take certain actions on the Platform, you provide us with information that may include Personal Information. That may include the following:

1. Credentials. We process User ID and similar security information used for authentication and Account access.
   

2. Contact Data. We process your first and last name, email address, and also may receive other similar contact data such as your telephone number.
   

3. Payment Data. We may process your credit card information, bank account information, address, PayPal information and/or information necessary to complete an IRS form W-9 (including, without limitation, your address and your social security number) to bill you for services, provide you with payments and otherwise provide you with the services and meet our obligations as set forth in the Terms of Use. We may ask you to provide for example a valid government issued ID, your legal name, address, and data of birth for the purpose of making payment in accordance with the Terms of Use through the financial institutions and complying with any federal and state laws and regulations.
   

4. Profile Data. We process your Account name, gender, country, interests, favorites, gamer data, information about social platforms that you use, collaborations data and other profile information.

5. Content. We process the content of messages you send to us, such as feedback and reviews you write, questions and information you provide for customer support, via surveys, requests for information forms or via your personal Account, or user-generated content that you provide such as user comments, blog posts and other communications or the content you choose to broadcast through the Platform. We also process the content of your communications as necessary to provide you with the services you use via the Platform.

1.4 INFORMATION FROM OTHER SOURCES

1.4.1 We cooperate with the third party websites, locations, platforms, and services operated, owned, or controlled by separate entities. In addition, we integrate technologies operated, owned, or controlled by separate entities into parts of our Platform. For example, it could be:

1. Social Media when you engage with our Platform on or through social networking services, such as YouTube, Tiktok, Facebook or Twitter. When you connect your Account to your social media account, you may allow us to have access to certain information from your social media profile, such as your name, email address, photo, gender, birthday, location, user-generated content (blog posts, comments, photos, videos, messages, social media, etc.) your list of friends, people you follow and/or who follow you, the posts or the ‘likes’ you make, feedback you provide, surveys you complete. We may also obtain other information such as content viewed, and information about advertisements within the content you have been shown or may have clicked on from your interaction with our content. When you provide information from your social media account, it can help enable us to do things like (1) give you exclusive content, (2) personalize your online experience with us within and outside our service, and (3) contact you through the social networking service or directly by sending you the latest news, special offerings, and rewards. If you post information on social media that references Platform (e.g., by using a hashtag associated with the Platform in a tweet or status update), your post may be used on or in connection with our Platform. Through some social networking services’ privacy settings, you can control what data you share. If you have linked your Account with certain social networks or third party platforms you may unlink your Accounts at any time by visiting your Account settings. Please note that unlinking your social media accounts will not affect any information previously shared through the linking. For more information about how social networking services handle your information, please refer to their respective privacy policies and terms of use.
   

2. Third Party Platforms. When you connect your Account to your personal account on another platform, such as Twitch, this linking may allow us to obtain information such as your gaming username, email address, photo. For more information about how these gaming platforms handle your information, please refer to their respective privacy policies and terms of use.

   We use YouTube API Services as an online resource to which the Website may link or otherwise reference that you may access through the Website. The Website utilizes the YouTube API Services, and you are agreeing to be bound by the YouTube Terms of Service, Privacy Policy, and API Services Terms of Service when engaging YouTube content and services through the Website.

1.4.2 Please note that when you interact with other entities, including when you leave our Platform, those entities may independently collect information about you. The information collected and stored by those entities remains subject to their own policies and practices, including what information they share with us, your choices on their services and devices, and whether they store information in the U.S. or elsewhere. Please read third party privacy policies carefully before submitting any information to such third parties.

1.4.3 You can change the Personal Information that you have provided us and exercise other rights in regard to your Personal Information at any time by writing us an email at [email protected].

2. PURPOSES AND LEGAL BASIS FOR THE PROCESSING

2.1 We use the information we collect from and about you within the Platform for a variety of business purposes, including to:

1. Ensure smooth functioning of the Platform. We use your Personal Information to provide products and services to you through the Platform. We use your Personal Information to ensure the Platform is working as intended, such as tracking outages or troubleshooting issues that you report to us. For example, we continuously monitor the Platform to look for problems. And if we find something wrong with a specific feature, reviewing activity information collected before the problem starts allows us to fix things more quickly.
   
2. Improve the Platform. We use your Personal Information to make improvements to the Platform – for example, to understand and analyze trends, usage, and activities in order to provide you with a useful and convenient Platform.
   
3. Measure Performance. We use data for analytics and measurement to understand how our Platform is used. For example, we analyze data about your Platform visits to do things like optimize its design, monitor and analyze the operation and effectiveness of the Platform, and monitor the Platform’s aggregated usage metrics such as the total number of visitors.
   
4. Security and fraud prevention. We also may use your data to prevent and address fraud, breach of policies or terms, and threats or harm.
   
5. Communicate with you. We use the information we collect to interact with you directly. For example, to send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages. And if you contact us at [email protected], we’ll keep a record of your request to help solve any issues you might be facing.
   
6. Marketing. We use your Personal Information to send you direct communications including information about new campaigns, promotions, contests, features and enhancements, special offers and other events of interest. We also may provide you with advertisements about other services tailored to your interests if we have your consent for such activity.

2.2 Legal basis for processing Personal Information under the General Data Protection Regulation (GDPR)

2.2.1 If you are from the European Economic Area (EEA), the legal basis for collecting and using the Personal Information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect it.

2.2.2 We may process your Personal Information because: a) we need to perform a contract with you; b) you have given us permission to do so; c) the processing is in our legitimate interests and it is not overridden by your rights; d) to comply with the law.

2.2.3 Performance of a contract to which you are a party. For instance, we use this legal basis for things like a) providing you with an Account; b) providing you with full access and functions of the Platform; c) ensuring the smooth functioning of the Platform, d) providing you with payments or billing you for the Services.

2.2.4 Legitimate interests. We process your information for our legitimate interests while applying appropriate safeguards that protect your privacy. This means that we process your information for things like a) providing, maintaining, and improving the Platform to meet your needs; b) developing new features that are useful for you; c) understanding how you use the Platform to ensure and improve its performance; d) customizing the Platform to provide you with a better user experience, e) using anonymized statistical information to demonstrate the effectiveness of the Platform to our partners; f) keeping you informed about the Platform, e.g. telling you about new features, soliciting your feedback, responding to your questions, sending you updates, security alerts, information regarding changes to our legal agreements, and just keeping you up to date with what’s going on with the Platform; g) ensuring security and fraud prevention.

2.2.5 Consent. Examples of where we ask for your consent include a) placing non-essential cookies or other similar technology; b) sending marketing emails to you, when we have received 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. You also could manage your email notifications preferences in your Account.

3. SHARING YOUR PERSONAL INFORMATION

3.1 We do not sell your information. We do, however, disclose your Personal Information in connection with developing and maintaining the Platform. We share your Personal Information in the following cases:

1. Your consent. We may share Personal Information outside the Platform when we have your consent. For example, if you give us permission to share your information with our partner for providing his third parties’ conventional direct marketing and other forms of marketing or advertisement.
   
2. For external processing. We may provide Personal Information to our affiliates and other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures. For example, we use service providers who store our information for us and process payments.
   
3. Perform the contract. We may share your Personal Information with our affiliates and (or) game publishers participating in the Partner Network program. Game publishers have limited access to your Personal Information to the extent sufficient to navigate marketing campaigns.
   We may share your contact email with a game developer whose marketing campaign you have agreed to participate in in order for them to provide you with the game updates, including up-to-date information about new features and content added to the game. You may opt out of receiving this information from game developers by emailing us at [email protected].
   To ensure the effectiveness of marketing campaigns, game publishers could receive information on how much content was created for the campaign by specific users. We require our affiliates and game publishers to comply with the Terms of Use and this Privacy Policy.
   For purposes of the foregoing an “affiliate” means any corporation, partnership or other entity now existing or hereafter organized that directly or indirectly controls, is controlled by or under common control with us. More information on the Xsolla Family of companies can be found here.
   
4. Legal obligations. We will share Personal Information outside the Platform if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to: a) meet any applicable law, regulation, legal process, or enforceable governmental request; b) detect, prevent, or otherwise address fraud, abuse, security, or technical issues; c) protect against harm to the rights, property or safety of the Company, our users, or the public as required or permitted by law; d) protect the security or integrity of the Platform and to protect or enforce third party rights.
   Please be aware that any Personal Information that you voluntarily choose to display through the use of our Platform, for instance, information that you share during streams, becomes publicly available and may be collected and used by others. Certain information about your actions on the Platform may also become publicly available, for instance, information about the tips received by creators, including the tip’s amount and the username of the user who provided the tip.

4. YOUR RIGHTS IN CONNECTION WITH YOUR PERSONAL INFORMATION

4.1 As we strictly follow applicable laws and regulations in the sphere of data privacy, we hereby inform you about your rights concerning your Personal Information, namely:

1. The right to access. You have a right to access the Personal Information we hold about you. We may need you to verify your identity before we release any Personal Information to you, where necessary to do so.
   
2. The right to rectification. You have the right to correct or update your Personal Information at any time.
   
3. The right to delete Personal Information. You have the right to ask us to erase the Personal Information we hold about you (‘the right to be forgotten’). Please note that such a request will also terminate your further use of the Platform. We will also automatically and without undue delay erase your Personal Information when it is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
   
4. The right to restrict processing. You have the right to ask us to restrict the processing of your Personal Information in certain circumstances, including 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. When processing is restricted, we can still store your information, but will not use it further.
   
5. The right to object to the processing of your data. You have a right to object to our use of your Personal Information for our own purposes in certain circumstances (including an absolute right to stop your data from being used for direct marketing purposes). In case you want to exercise this right, you may contact us.
   
6. The right to data portability. When our processing is based on the consent or on a contract with you, you have the right to receive Personal Information you provided to us, in a “commonly used machine-readable format”. This allows you to obtain and reuse your Personal Information for your own purposes across different services. Where technically feasible, you can also ask us to transmit the Personal Information directly to another controller.
   
7. The right to withdraw consent. You also have the right to withdraw your consent at any time where the Company relied on your consent to process your Personal Information. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
   
8. Automated decision making. If you have any questions in respect of our automated decision-making processes or the accuracy of them, please send an email to [email protected] with the object: “PN Data Subject Request”.
   
9. The right to lodge a complaint with a Supervisory Authority. If, for any reason, you are not happy with the way that we have handled your Personal Information, please contact us. If you are still not happy, you have the right to make a complaint to the supervisory authority.

4.2 In case you want to exercise your rights, please contact us at [email protected].

5. STORAGE PERIOD

5.1 We store Personal Information for as long as required to achieve the purposes of their processing or as required to fulfill our legal obligations. If you have an Account, we will retain your Personal Information until you delete your Account.

5.2 To provide fair processing of Personal Information, the Company regularly reminds users that we process their Personal Information and that they have legal remedies to stop this processing.

5.3 We may retain your Personal Information after we cease providing our services to you, even if you delete your Account, to the extent necessary to comply with our legal obligations. Where we retain Personal Information, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.

6. DATA TRANSFERS

Your information may be processed on servers located outside of the country where you live. Data protection laws vary among countries, with some providing more protection than others. We will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your Personal Information. By using the Platform, you are expressly consenting to the transfer to and from, processing, usage, sharing, and storage of your Personal Information in the U.S. as well as other jurisdictions where we operate. If your data is collected in the United Kingdom, the European Union or Switzerland, we will transfer your Personal Information subject to appropriate safeguards, such as Standard Contractual Clauses or other transfer mechanisms deemed ‘adequate’ under applicable laws.

7. DATA SECURITY

7.1 We take reasonable steps to help protect the security and integrity of any information you provide to us by implementing and maintaining administrative, physical, and technical safeguards. Our safeguards include the use of firewalls and data encryption, as well as physical and information access controls at our data centers. Furthermore, we strive to maintain a high level of data security and make continuous efforts to prevent data leaks, breaches, and other unauthorized access.

7.2 Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of your information collected through our Platform. Any transmission of information is done at your own risk and it is advisable to remain vigilant and take necessary precautions when using our Platform.

8. CHILDREN’S PRIVACY

8.1 Our Platform is intended for a general audience and is not directed towards children. The Platform does not address anyone under the age of 13 or under the minimum legal age under local legal requirements in the state, province, or jurisdiction of residence. Children under the age of 13 are not permitted to use the Platform and must not attempt to register an Account or submit any Personal Information to us.

8.2 We do not intentionally collect Personal Information of children under the age of 13 and take appropriate measures to ensure that they do not use the Platform. If we become aware that Personal Information has been collected from an individual under the applicable age, we will delete that information and any Account associated with that user. If you find out that a child under age of 13 has provided the Company with his or her Personal Information, please contact us at [email protected].

8.3 If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the Platform if you have the consent from a parent or legal guardian. Please be aware that parents and legal guardians are responsible for the actions and conduct of their children when using the Platform.

8.4 If we discover that we have unintentionally collected Personal Information from a child between the ages of 13 and the age of legal majority without parental consent, we will promptly delete the information from our records. If you find out that a minor has provided us with his or her Personal Information without parental consent, please contact us at [email protected].

9. US RESIDENTS PRIVACY RIGHTS

9.1 These additional disclosures for US residents apply only to individuals who reside in California, Virginia, Connecticut, or Colorado. The California Consumer Privacy Act of 2018 (“CCPA”), California Privacy Rights Act (the “CPRA”), Virginia Commonwealth Data Protection Act (the “VCDPA”), Connecticut Data Privacy Act (the “CTDPA”), and Colorado Privacy Act (the “CPA”) provide additional rights to know, delete and opt out, and require businesses collecting or disclosing personal information to provide notices and means to exercise rights. In the past 12 months, we have collected the same categories of Personal Information which are mentioned in the “Types of Personal Information we collect” 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. We do 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 “Sharing your Personal Information” sections, we will comply with applicable law as to such activity. In the 12 months, we have shared Personal Information for specific business purposes, as outlined in the “Sharing your Personal Information” section. We do not disclose any Personal Information to any third party.

9.2 If you are a resident of these states, you may contact us with regard to the following rights in relation to your Personal Information:

1. Right to access. You have a right to request access to the Personal Information we may hold on you for the past twelve (12) months. You may submit up to two (2) requests per year.
   
2. Right to delete. You have the right to delete Personal Information we have collected about you.
   
3. Right to opt-out. For individuals sixteen (16) years or older , you have the right to opt out of the sale of your Personal Information to third parties at any time. We do not “sell” your Personal Information as it is currently defined under the CCPA. Under Section 1798.83 of California Civil Code, data subjects that are California residents can ask us to provide information on disclosure of their Personal Information to third parties for direct marketing purposes of these third parties. To make such a request, California residents can contact us via the following email [email protected] or you can write to us at 15260 Ventura Blvd., Suite 2230, Sherman Oaks, CA 91403 USA (Attention: Customer Support).
   
4. Right to Non-Discrimination: We will not discriminate against you for exercising any of your CCPA rights.
   
5. Right to Appeal – California and Colorado: If we do not take action on your privacy rights request within the 45 days response period, or in the event of an extension, within the maximum 90-day response period, we will inform you in writing of the reasons for not taking action, as well as provide an explanation of any rights you have to appeal the decision.
   
6. Right to Appeal – Virginia and Connecticut: You have the right to appeal a refusal to take action on a privacy rights request within a reasonable period of time after your receipt of our decision. Within 60 days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, you will be provided with a method through which you may contact the Attorney General of Virginia if you are a Virginia resident or the Attorney General of Connecticut if you are a Connecticut resident to submit a complaint.

9.2 To exercise any of these rights, please contact us via the following email: [email protected] with the object: “US Privacy Rights”. We will deal with requests for access to your Personal Information within forty-five (45) days for U.S.-specific requests.

10. THIRD PARTY WEBSITES

The Website may contain links to websites and services provided by the third parties. Any Personal Information you provide on third party sites or services is provided directly to that third party and is subject to that third party’s policies governing privacy and security. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links are displayed on the Website. We encourage you to learn about third parties’ privacy and security policies before providing them with Personal Information.

11. CHANGES AND UPDATES TO THIS PRIVACY POLICY

This Privacy Policy may be amended from time to time. Any amendments will be effective immediately upon us posting the updated Privacy Policy on our Website. Users waive the right to receive specific notice about such amendments. Your continued use of the Platform that incorporates this Privacy Policy will signify your acceptance of such amendment.

12. CONTACT INFORMATION

12.1 If you have any questions about this Privacy Policy, please use the following contact details:

Email: [email protected]

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

12.2 According to European data protection laws organizations that process Personal Information for their own purposes are known as “controllers” and organizations that process Personal Information on behalf of other organizations known as “processors”. The Company acts as a controller with respect to Personal Information collected as you interact with our Platform. This means that we are responsible for deciding how and why we use your Personal Information.

12.3 If you are a data subject in Europe you may contact our Data Protection Officer with regard to all issues related to processing of your Personal Information and to the exercise of their rights under data protection law using the following contact details:

Email: [email protected] (marked “PN privacy issues” in letter subject)

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