1.1 This Privacy Policy explains how we process your personal data, as a data controller. When we act as data controller, this means that we are responsible for deciding how and why we hold and use your personal data.
1.2 This Website is owned and operated by Xsolla Accelerator LLC, a company incorporated in the State of Delaware, USA with Company registration Number 6488407, with its principal place of business at 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, California, 91403 USA. If you have any questions, comments, or requests regarding this Privacy Policy, please contact us at accelerator@xsolla.com with the subject: "Data Privacy Issues".
2. The Types of Personal Data We Collect
2.1 Personal data refers to any information that can identify you. We want to assure you that we only collect your personal data in accordance with applicable laws.
When we refer to “personal data” in this policy, we are also referencing “personal information,” as it is defined under California law.
There are three main ways we collect your personal data:
A. We collect personal data directly from you when you register an Account, when you browse our Website or use our Services or our System.
B. We also generate some personal data about you based on your interactions with our Website.
C. In addition, we may collect personal data from third parties.
2.2 Personal data we directly collect from you may include:
Contact and Identity Information such as name, email and profile photo, and limited data from your social media profile (when you authorize via social networks).
Account Information such as password.
Financial information such as credit / debit card numbers.
2.3. Personal data we may generate about you or collect from third parties:
Online and Electronic Information such as web browser type and version, operating system, IP address, a list of URLS starting with a referring site, your activity on the Website, and the site you exit to.
Usage Data such as cookies, content viewed, frequency of visits, other Website browsing information, and preferences.
3. How We Collect Personal Data?
3.1 We collect personal data when you:
A. register an Account;
B. access and interact with our Website, use our Services or pay for them;
C. use mobile devices to access our Content;
D. communicate with us using our System;
E. through cookies and other similar technology;
F. when you contact us via email, social media, or when you mention us on social media.
3.2. 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.
4. What Are Legal Basis And Purposes For The Processing?
4.1. We use the information we collect from and about you within the Website for a variety of business purposes, including to provide you with full access to the Website and Account; improvement of our Services; internal record keeping; respond to your questions, and communicate with you; provide support and security; and as more fully described in this Privacy Policy.
4.2. XA processes personal data for the following purposes and on the following legal bases:
5.1 We take extensive measures to ensure the security and protection of your data. This includes storing it on secure servers and implementing technical and organizational security measures to minimize the risks of loss, misuse, unauthorized access, disclosure, and alteration.
5.2 While we make every effort to protect your personal data, it's important to understand that the transmission of data over the Internet is not entirely secure. Any transmission of data via our Website is done at your own risk. Upon receiving your personal data, we employ strict procedures and security features to prevent unauthorized access. Furthermore, we strive to maintain a high level of data security and make continuous efforts to prevent data leaks, breaches, and other unauthorized access. However, it is advisable to remain vigilant and take necessary precautions when using our Website.
6. With Whom is Your Personal Data Shared?
6.1. We may share your data with the following categories of selected third parties in accordance with this privacy policy:
A. other XA Users. We want to inform you that your profile information (such as your name and photo) and your course feedback could be visible to other Users enrolled in the same course as you.
B. service providers (for example, IT services) that provide services on our behalf.
С. analytics and search engine providers who assist us in improving and optimizing our site.
D. our affiliates. 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.
E. law enforcement or regulatory agencies, or authorized third parties, where required by law, government, competent authorities or the courts or to establish, exercise or defend our legal rights, and for the purposes of preventing crime and fraud (for example, we may share personal data with our professional advisors, investigators, or credit reference agencies).
6.2 At XA, we prioritize privacy and data protection. We want to assure you that we take the responsibility of handling your data seriously. We will only share your data with third parties in compliance with applicable laws and regulations and for the purposes specified above. These third parties will process the data in accordance with the applicable law and for the stated purposes outlined in this section. To provide transparency, we maintain a list of the third parties with whom data is shared, which can be made available to you upon request.
7. How Long Do We Store Your Data?
We will not store your personal data for longer than we need to use it in accordance with this Privacy Policy. Unless we let you know otherwise (or you request we erase your personal data), we will keep your personal data as long as needed to maintain your Account, provide the Services you requested, enforce any applicable terms that govern your use of the Services, and maintain appropriate records to reflect our delivery of the Services to you.
We periodically review the personal data we retain to determine whether continued storage is proper. We may still retain some of your personal data in our files for a reasonable period of time to resolve disputes, enforce our 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 data.
8. What Are Your Rights?
8.1 You have the following rights with regard to your personal data (although these rights may be limited in some circumstances):
A. Access. You have the right to access data we hold about you. We may need you to verify your identity before we release any personal data to you, where necessary to do so.
B. Rectification or erasure. You have the right to request that we rectify or delete any personal data that we hold about you.
C. Restriction. You have the right to restrict your use of personal data in certain circumstances, including if the data is inaccurate, our use of the data is unlawful, or if we no longer need to use the data for the purposes for which we hold it.
D. Objection. You have the right to object to the processing of your personal data in certain circumstances.
E. Change of preferences. You can change your data processing preferences at any time.
F. 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 accelerator@xsolla.com with the subject: "Data Subject Request".
G. 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.
H. 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.
8.2 The above rights are not absolute and can be reasonably limited, for example when the exercise of such right adversely affects the rights and freedoms of others. To exercise any of the rights mentioned above, please send an email to accelerator@xsolla.com with the subject: "Data Subject Request".
To exercise their erasure or access rights Users who have registered an Account could also navigate to their Account’s profile page, click on the Privacy Settings tab and request to have their data erased or ask for a copy of your personal data.
9. Additional information for Users in the United States
9.1. We comply with 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"). Under above-mentioned acts, residents of California, Virginia, Connecticut, and Colorado have certain rights regarding the personal data that businesses collect and process about them.
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 data:
A. 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.
B. Right to Opt-In/Opt-Out of Sale of Personal Data: For individuals sixteen (16) years or older, you have the right to opt out of the sale of personal data we may hold on you.
C. Right to Deletion: You also have the right to ask us to delete 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.
D. Right to Non-Discrimination: We will not discriminate against you for exercising any of your California Consumer Privacy Act rights.
E. Right to Appeal – California and Colorado: If XA does 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.
F. 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, XA 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.
9.3. If you want to make any of these requests, please contact accelerator@xsolla.com with the subject: "US Privacy Rights". We will deal with requests for access to your personal data within forty-five (45) days for U.S.-specific requests.
9.4. We aim to respond to privacy rights requests within the required timeframes. If we need more time, we will inform you in writing. We provide our response via email for online requests and offer the choice of mail or electronic delivery for other requests. We generally do not charge a fee unless the request is excessive, repetitive, or unfounded. If a fee applies, we will explain the reason and provide a cost estimate beforehand.
9.5. We are obligated to provide information about the categories of personal data we collect and the purposes of processing as outlined in "The Types of Personal Data We Collect" of this Privacy Policy and to the processors and third parties listed in the section "With Whom Your Personal Data Is Shared?".
9.6. We do not generally sell personal data as the term "sell" is traditionally understood. We may share your personal data for specific business purposes, as outlined in the "With Whom Your Personal Data Is Shared?" section.
10. International Data Transfers
10.1. XA is based in the United States, and we process and store data on servers located in the United States. We may store data on servers and equipment in other countries depending on a variety of factors, including the locations of our Users and service providers.
10.2. When we transfer the personal data of Users from the EEA, UK and/or Switzerland, we rely on the Standard Contractual Clauses approved by the European Commission and the UK International Data Transfer Agreement or the UK Addendum approved by the Information Commissioner’s Office in the UK, for such transfers or other transfer mechanisms deemed ‘adequate’ under applicable laws. For more information on this, please contact us at accelerator@xsolla.com.
11. Cookies and other tracking technologies
11.1 We use cookies to provide you to enhance your experience with XA and to make our Website and the advertising displayed on it more relevant to your interests. Please read details regarding Cookies at our Cookie Policy.
11.2. Privacy settings. You have control over your privacy settings and can make changes at any time using the personal privacy settings tool. You can provide or withdraw your consent for cookies on our Website and customize the content you receive.
12. Children’s Privacy
Our Website is intended for a general audience and is not directed towards children. The Website does not address anyone under the age of 18 or under the minimum legal age under local legal requirements in the state, province, or jurisdiction of residence (“children”).
We do not knowingly collect personal data from children under the age of 18. If you become aware that your child or any child under your care has provided us with information without your consent, please contact us at accelerator@xsolla.com.
13. Changes To This Privacy Policy
We may occasionally change this Privacy Policy, so we encourage you to review this Privacy Policy periodically. Any amendments will be effective immediately upon us posting the updated Privacy Policy on our Website. If you don’t agree to the amendments or to any of the terms herein, your only remedy is to stop using the Website.
