This Privacy Notice explains who we are, how we collect, share and use personal information about you, and how you can exercise your privacy rights. The Services are governed also by the Terms of Service.
We are XSA Software, maker of Drift Car Simulators and many more. For details about how to contact us, see "How To Contact Us" section below.
This Privacy Notice applies to personal information that we collect through our games, mobile applications and other products ("Games") and websites we control, like at www.xsasoftware.com, ("Website") (together “Services”).
1. WHAT PERSONAL INFORMATION DOES XSA COLLECT?
The personal information that we may collect about you through the Services broadly falls into the following categories:
1.1. Information that you provide voluntarily
Certain parts of our Services may ask you to provide personal information voluntarily. For example we will ask for certain information in order for you to register for an account with us, to begin playing Games, to subscribe to marketing communications from us, and/or to submit enquiries to us, such as:
The personal information that you are asked to provide, and the reasons why you are asked to provide it, we will try to explain to you at the point we ask you to provide your personal information.
1.2 Information that we collect automatically
When you use our Services, we may also collect certain information automatically from you and/or your device which may be considered personal information under applicable data protection laws, such as:
Advertising ID means Apple Identifier for Advertisers (“IDFA”) on Apple and Google Advertising Identity (“GAID”). These are unique identifiers for mobile device that advertisers use for interest based advertising. They are consistent across all apps and thus allow cross-app tracking. On Apple you can opt-out this by choosing “limit ad tracking” option from privacy settings. On Google Android you can opt-out by choosing “Opt-out of interest based ads”. Advertising IDs are non-permanent, non-personal identifiers, which are uniquely associated with your device. Similar technologies include tracking pixels within ads. These technologies allow companies (including marketers and advertisers) to recognise your device when you use websites and applications.
Device identifier / information means device type, device model, device maker, device operating system and its language or other technical data like screen size or processor, or combination of this data available from a device for a developer for checking the device compatibility with a particular application.
Some of this information may be collected using cookies and/or similar technologies (such as "SDKs" or software development kits), as explained further under the heading “Cookies and similar tracking technology” below.
1.3 Information we obtain from third party sources
(a) Information from social media platforms. You may choose to connect to our Services via your social media account. Exactly what information we receive from your social media will depend on your social media privacy settings, but it would typically include your basic public profile information such as:
Typical use cases include your game progress being connected to multiple devices you may own and you can play the same progress using multiple devices. In addition, we may show your Facebook friends in Game and show your public Facebook profile name and profile picture in Game leaderboards and in your Game profile.
(b) Third party service providers. We may receive personal information about you from third party sources. We may get your personal information for example when you installed our Game and prior to installing you have clicked an advertisement for the same Game (see Third party data controllers and processors).
(c) Advertising partners. From time to time, we may also receive personal information about you from other third party sources. For example, if you clicked on an advertisement to direct you to one of our Services (such as an advert of one of our Games in other publishers game), we will be provided with information from which ad-network and advertising campaign the install originated from (See below also "Advertising").
1.4 No special categories of information
We do not request or intend to collect any "special categories of information" such as any information on health, race, religion, political opinions or philosophical beliefs, sexual preferences or orientation. Kindly be cautious when sharing this information about yourself (or others) in our forums.
2. HOW WE USE YOUR PERSONAL INFORMATION
We use your personal information for following purposes:
2.1 To provide and operate our Services:
2.2 To improve our Services and keep them secure:
2.3 To personalise our Services:
2.4 For promotional activities (including marketing and advertising)
3.1 We use advertising to fund our Services and to make our games available for free. We show third party advertising in our games and also advertise our Services via third parties. We wanted to provide you with more detail about how we use information for advertising, both in-game and on other third party properties.
When you view ads on XSA properties (like in our games)
3.2 To enable us to show in-game ads we may send your advertising ID and IP-address to advertisers (or ad networks) to enable them to find appropriate ads to serve to you in our games and on third party properties. You can control and limit our use of your advertising ID in your device settings. XSA does not control which specific ads are shown in our games (this is controlled by ad networks) but we do blacklist certain categories of ads.
3.3. Advertising IDs are used by the ad networks with for a number of purposes including for example to:
(a) limit the number of times you see the same ad;
(b) ensure they are dealing with humans with real devices and not 'automated' bots
(c) to serve you with advertisements likely to be relevant to you based on your advertising ID engagement with other brands and ads, also recorded using your advertising ID and using your general geographic area.
(d) Other brands buy advertisement placement via an ad network or ad exchange to advertise their products in XSA Games. The ad network or ad exchange acts as intermediary between the other game companies and XSA. In order for an ad network to charge the company buying the ad, clicks from the ad and potentially installs of other developers’ applications party apps are tracked. Views, clicks and installs from ads are measured using Advertiser ID.
(e) Ad networks to keep track what games you have used to market you similar kind of games.
IP-address is typically used by advertisers to broadly see the general geographic area you are coming from for example country, state, and sometimes at city level).
When you view XSA ads on third party services
3.4 XSA also advertises its games on other apps by asking ad networks to serve its to audiences that will be interested in them (determined using Advertising IDs).
3.5 For these purposes the Advertising IDs are used by the ad networks for a number of purposes (please refer to the Privacy Notices of our advertising partners listed "Third Parties") including for example to:
(a) measuring ad effectiveness (looking at aggregated views, clicks and installs it generates through its advertising in other publishers’ games);
(b) informing players that have not been playing for a while about new content in the Game. XSA gives a list of these users in form of Advertising IDs to an ad network. Ad network then shows these users ad about the new content.
(c) not showing adverts for a game, a player is already playing, XSA can send a list of active players in form of Advertising IDs to an ad network. Ad network then excludes these players from seeing the ad.
(d) Marketing games to a group of potential players. XSA provides Facebook a list of Advertising IDs to match these with similar type of Facebook users to whom XSA could then market its games. XSA does not have information how Facebook identifies or creates profiles of similar type of users.
3.6 You can opt out of interest based advertising on mobile applications by changing the privacy settings of your device and selecting "limit ad tracking" (Apple iOS) or "opt out of interest based ads" (Android).
4. COOKIES AND SIMILAR TRACKING TECHNOLOGY IN WEBSITES
The Services may use “cookies” and other technologies such as pixel tags, local shared objects, hardware-based device identifiers, flash cookies, operating system-based identifiers, clear GIFs and web beacons.
Cookies: A “cookie” is a small file stored by your device when told to do so by a website. Typically websites place a number of different cookies on an end-user’s device. Some of the cookies are “1st party,” from the website itself, and others are “3rd party,” belonging to advertising and analytics entities or social networks. Cookies are personal information. However, XSA’s cookies do not include any other personal information and are typically used to quickly identify your device and to “remember” your device during subsequent visits for purposes of functionality, preferences, and website performance. You can disable cookies on your device or set your device to alert you when cookies are being sent to your device; however, disabling cookies may affect your ability to use the Services.
5. LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION
Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.
However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you, (ii) where the processing is in our legitimate interests and not overridden by your rights, or (iii) where we have your consent to do so.
(a) Performance of contract (under our terms of service) as legal basis for processing is when we make the Game and Services available to you, provide customer support, integrating Games with technology and distribution platforms such as Apple iOS and Google Android and inform you of the service related changes and Game progress.
(b) We process your personal data on the basis of our legitimate interests for example when we provide you the Game and Game events, serve interest based advertisements to you (both in-game and on third party properties), carry out marketing, keep our games secure, for engineering purposes, analysing the users’ behaviour across our Games, moderating chat discussion.
(c) We have Legal obligation to process your personal data when to comply with a legal obligation, such as the prevention of crime or fraud or to maintain records relating to tax.
(d) If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the "How to Contact Us" heading below.
6. WHO DOES XSA SHARE MY PERSONAL INFORMATION WITH?
We may share your personal information to the following categories of recipients:
(a) To our group companies, third party services providers and partners who provide data processing services to us (for example, to support the delivery of, provide functionality on, or help to enhance the security of our Services), or who otherwise process personal information for purposes that are described in this Privacy Notice or notified to you when we collect your personal information.
(b) to any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;
(c) to any other person with your consent to the disclosure.
7. HOW DOES XSA KEEP MY PERSONAL INFORMATION SECURE?
We use appropriate technical and organisational measures designed to protect the personal information that we collect and process about you. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. Specific measures we use include – e.g. encrypting your personal information in transit and at rest.
8. INTERNATIONAL DATA TRANSFERS
Your personal information may be transferred to, and processed in, countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country.
Specifically, our Game servers are currently located in Romania, and our group companies and third party service providers and partners operate around the world. This means that when we collect your personal information we may process it in any of these countries. However, we ensure appropriate safeguards are in place so that your personal information will remain protected in accordance with this Privacy Notice. These include implementing the European Commission’s Standard Contractual Clauses for transfers of personal information between our group companies and third party service providers and partners, which require all group companies to protect personal information they process from the EEA in accordance with European Union data protection law. It also includes transferring personal information to third party service providers and partners which are certified under the EU-US Privacy Shield.
Standard Contractual Clauses can be provided on request. We have implemented similar appropriate safeguards with our third party service providers and partners and further details can be provided upon request.
9. DATA RETENTION
We retain personal information we collect from you where we have an ongoing legitimate business need to do so, for example, to provide you with a Service you have requested or to comply with applicable legal, tax or accounting requirements. We will for example periodically de-identify unused Game accounts and we regularly review and de-identify unnecessary personal information.
When we have no ongoing legitimate business need to process your personal information, we will either erase or de-identify it or, if this is not possible - for example, because your personal information has been stored in backup archives - then we will securely store your personal information and isolate it from any further processing until erasure is possible
10. YOUR DATA PROTECTION RIGHTS
You have the following data protection rights:
(a) To access correct, update or request deletion of your personal information. You may do so either through your account settings with us (via "Terms of Service and Privacy Notice") or by contacting us using the details at "How to Contact Us" heading below.
(b) To object to processing of your personal information (which is processed on the grounds of legitimate interests), ask us to restrict processing of your personal information or request portability of your personal information. Again you may do so by opting out of personalised offers based on behaviour in-game, or by contacting us using the details at "How to Contact Us" heading below.
(c) To opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe / opt-out” link in the marketing communications we send you or by contacting us using the details at "How to Contact Us" heading below.
(d) If we are processing your personal information with your consent, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. You may do so by contacting us using the details at "How to Contact Us" heading below.
(e) You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
We will respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
11. AGE LIMIT
When we collect personal information we do not know the age of our players. In case a player has a Facebook account and has logged in to a game, we will get the age information from player’s Facebook profile information. If we learn that we has inadvertently gathered personal information from a child under 13 years of age, we will take reasonable measures to promptly erase such personal information from our records.
12. UPDATES TO THIS PRIVACY NOTICE
We may update this Privacy Notice from time to time in response to changing legal, technical or business developments. When we update our Privacy Notice, we will take appropriate measures to inform you, consistent with the significance of the changes we make.
13. HOW TO CONTACT US
Data controller: email@example.com
You can exercise your right to access personal information, request personal information to be erased or to opt out of personalised offers directly from our Games.
To do so, open the Settings.
This is the preferred method of contacting us because we can more accurately validate a request coming directly from the device and application.