Last updated: 14/12/2017

XDEV Studio Privacy Policy

XDEV Studio has adopted this privacy policy (“Privacy Policy”) to explain how XDEV Studio collects, stores, and uses the information collected in connection with XDEV Studio’s products, services and websites including, but not limited to XDEV Studio’s games and on-line stores (together “Services”).

Should you have any questions relating to this Privacy Policy, please contact us at info@XDEV Studio.com.

BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY AND GIVE AN EXPLICIT AND INFORMED CONSENT TO THE PROCESSING, USE AND DISCLOSURE OF YOUR PERSONAL DATA IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT INSTALL, USE, REGISTER TO OR OTHERWISE ACCESS THE SERVICES. XDEV Studio reserves the right to modify this Privacy Policy at reasonable times, so please review it frequently. Your continued use of Services will signify your acceptance of the changes to this Privacy Policy.

1. Non-personal data

For purposes of this Privacy Policy, “non-personal data” means information that does not directly identify you. Additionally, non-personal data means “aggregate” and “de-personalized” information, which is data XDEV Studio collects about the use of XDEV Studio Services, from which any personally identifiable data has been removed.

XDEV Studio may use tools or third party analytical software to automatically collect and use certain non-personal data that does not directly enable XDEV Studio to identify you. The types of non-personal data XDEV Studio may collect and use include, but are not limited to: (i) device properties, including, but not limited to IP address, Media Access Control (“MAC”) address and unique device identifier or other persistent or non-persistent device identifier (“Device ID”); (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data such as zip code, area code and coarse location; (v) game progress, time used playing, score and achievements; (vi) other non-personal data as reasonably required by XDEV Studio to enhance the Services and other XDEV Studio products and services.

XDEV Studio may use Flurry analytics tool in order to develop and analyze use of the Services. If you wish to opt-out from Flurry analytics, please follow this link: http://www.flurry.com/resources/privacy.html.

XDEV Studio may use and disclose to XDEV Studio’s partners and contractors the collected non-personal data for purposes of analyzing usage of the Services, advertisement serving, managing and providing the Services and to further develop the Services and other XDEV Studio services and products.

You recognize and agree that the analytics companies utilized by XDEV Studio may combine the information collected with other information they have independently collected from other services or products relating to your activities. These companies collect and use information under their own privacy policies.

XDEV Studio may supplement your personal and non-personal data with data received from third parties in connection with demographic, advertisement, market and other analytics surveys or services.

2. Ad Serving Technology

XDEV Studio reserves the right to use and disclose the collected non-personal data for purposes of advertisement by XDEV Studio or XDEV Studio’s partners and contractors. XDEV Studio may employ third party ad serving technologies that use certain methods to collect information as a result of ad serving through Services. XDEV Studio or third parties operating the ad serving technology may use demographic and location information as well as information logged from your hardware or device to ensure that appropriate advertising is presented within the Service. XDEV Studio or third parties may collect and use data for this purpose including, but not limited to IP address (including but not limited to for purposes of determining your coarse location), Device ID, MAC, software, applications, hardware, browser information, internet and on-line usage information and in-game information. The foregoing data may be used and disclosed in accordance with this Privacy Policy and the privacy policy of the company providing the ad serving technology.

You recognize and agree that the advertising companies who deliver ads for XDEV Studio may combine the information collected with other information they have independently collected from other services or products. These companies collect and use information under their own privacy policies. These ad serving technologies are integrated into Services; if you do not want to be subject to this technology, do not use or access Services. Although XDEV Studio takes commercially reasonable steps to instruct such advertising companies to comply with the terms and conditions of this Privacy Policy, XDEV Studio does not have access to or control of third party technologies.

3. Location Data

To the extent XDEV Studio makes location enabled Services available and you use such Services, XDEV Studio may collect and process your location data to provide location related Services and advertisements. For example, some add-ons or offers may be available at dedicated locations. XDEV Studio may use various technologies to determine location, such as GPS, Wi-Fi or other network-based data such as IP address. Your GPS geo-location is not accessed without your consent. Notwithstanding XDEV Studio’s partners who are providing location related parts of the Service, XDEV Studio will not share your GPS geo-location with third parties without your consent. To the extent XDEV Studio makes available GPS geo-location to third parties in accordance with this Privacy Policy, it will be provided anonymously. Please note that XDEV Studio may share your anonymous coarse location with its partners.

4. Personal Data

For purposes of this Privacy Policy, “personal data” means personally identifiable information that specifically identifies you as an individual.

Likely situations when you make personal data available to XDEV Studio include, but are not limited to: (i) registration for Services, contests and special events; (ii) accessing Services using a third party ID, such as social networking sites or gaming services; (iii) subscribing to newsletters; (iv) purchasing a product or services through XDEV Studio’s online stores; (v) using “tell a friend,” “email this page,” or other similar features; (vi) requesting technical support; and (vii) otherwise through use of XDEV Studio Services where personal data is required for use and/or participation.

The types of personal data may vary depending on the type of activity you are engaged in. The personal data XDEV Studio may collect, process and use may include, but are not limited to your name, screen/nick name, XDEV Studio Services’ or third party service ID, e-mail address, phone number, photo or other image, birthdate, sex, address, friend connections, avatar image, credit card information, shipping information; and location (only if directly identifiable to you, otherwise XDEV Studio treats location as non-personal data).

If you choose to use XDEV Studio’s “tell a friend” or a similar service about XDEV Studio Services or order a gift certificate for your friend, XDEV Studio may store your friend’s name and contact details that you provide to XDEV Studio.

XDEV Studio may use personal and non-personal data, both individually and combined together, for purposes of analyzing usage of the Services, providing customer and technical support, managing and providing Services (including managing advertisement serving), customizing XDEV Studio’s communications and to further develop the Services and other XDEV Studio services and products. XDEV Studio may combine non-personal data with personal data.

XDEV Studio may use your personal data to send messages to you with informative and/or commercial content about XDEV Studio’s services or third party products and services XDEV Studio thinks may be of interest to you, such as new features and services, special offers and updated information.

Please note that certain features of the Services may be able to connect to your social networking sites to obtain additional information about you. In such cases, XDEV Studio may be able to collect certain information from your social networking profile when your social networking site permits it, and when you consent to allow your social networking site to make that information available to XDEV Studio. This information may include, but is not limited to, your name, profile picture, gender, user ID, email address, your country, your language, your time zone, the organizations and links on your profile page, the names and profile pictures of your social networking site “friends” and other information you have included in your social networking site profile. XDEV Studio may associate and/or combine as well as use information collected by XDEV Studio and/or obtained through such social networking sites in accordance with this Privacy Policy.

5. Disclosure and Transfer of Personal Data

Personal data may be disclosed in accordance with applicable legislation and this Privacy Policy.

XDEV Studio may hire agents and contractors to collect and process personal data on XDEV Studio’s behalf and in such cases such agents and contractors will be instructed to comply with our Privacy Policy and to use personal data only for the purposes for which the third party has been engaged by XDEV Studio. These agents and contractors may not use your personal data for their own marketing purposes. XDEV Studio may use third party service providers such as credit card processors, e-mail service providers, shipping agents, data analyzers and business intelligence providers. XDEV Studio has the right to share your personal data as necessary for the aforementioned third parties to provide their services for XDEV Studio. XDEV Studio is not liable for the acts and omissions of these third parties, except as provided by mandatory law.

XDEV Studio may disclose your personal data to third parties as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or XDEV Studio to legal liability. XDEV Studio may also disclose your personal data to third parties when XDEV Studio has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with XDEV Studio’s rights, property, operations, users or others who may be harmed or may suffer loss or damage, or XDEV Studio believes that such disclosure is necessary to protect XDEV Studio’s rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on XDEV Studio. To the extent permitted by applicable law, XDEV Studio will make reasonable efforts to notify you of such disclosure through XDEV Studio’s website or in another reasonable manner.

6. Data Retention and Correctness

XDEV Studio retains the data collected pursuant to this Privacy Policy for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Thereafter if the collected data is no longer needed for purposes specified in this Privacy Policy, XDEV Studio deletes all aforementioned data in its possession within a reasonable timeframe. XDEV Studio does not verify the correctness of personal data.

Irrespective of the above, XDEV Studio may still retain some of the data to the extent such retention is necessary to resolve disputes, enforce XDEV Studio user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of Services.

7. Third Party Terms and Conditions

Please note that your access to and use of the Services may be subject to certain third party terms and conditions and privacy policies, including but not limited to application stores, map data providers, mobile software platforms, on-line gaming platforms, social networking services and payment providers. You recognize and agree that XDEV Studio is not liable for any such third party terms and conditions and their use of your personal data.

XDEV Studio may in its discretion make available links through advertisements or otherwise enable you to access third party products or services. Please note that, while using such products or services, you are using products or services developed and administered by people or companies not affiliated with or controlled by XDEV Studio. XDEV Studio is not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them, or any products or services they may offer. The fact that XDEV Studio is linking to those products or services does not constitute our sponsorship of, or affiliation with, those people or companies.

XDEV Studio may from time to time make available XDEV Studio’s partners’ services, such as sweepstakes or polls and such services may require you to disclose personal data in order to register for and access such services. Such services will reasonably identify the partners at the point of where you are required to disclose personal data. If you at that point choose to disclose your personal data, such personal data may be transferred directly or via XDEV Studio to such third parties and will be subject to the privacy policy and practices of such third parties. XDEV Studio is not responsible for the privacy practices and policies of such third parties and, therefore, you should review the privacy practices and policies of such third parties prior disclosing any personal data in relation to such services.

Please note that certain Services that XDEV Studio may offer, such as multiplayer gaming, social networking and gaming console services may use third party services to provide authentication for the Services with a gaming console ID, social networking ID or gaming network account. When you register to join or use the Services from a third-party gaming or social networking system, certain personally identifiable user and/or membership data may be transferred automatically to and from XDEV Studio and you hereby consent to the processing, using, combining, disclosing and retaining of such data in accordance with this Privacy Policy by XDEV Studio.

8. Safeguards

XDEV Studio follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity and privacy of the information in XDEV Studio’s possession. Only those persons with a need to process your personal data in connection with the fulfillment of their tasks in accordance with the purposes of this Privacy Policy and for the purposes of performing technical maintenance have access to your personal data in XDEV Studio’s possession. Personal data collected by XDEV Studio is stored in secure operating environments that are not available to the public. To prevent unauthorized on-line access to personal data, XDEV Studio maintains personal data behind a firewall-protected server. However, no system can be 100% secure and there is the possibility that despite XDEV Studio’s reasonable efforts, there could be unauthorized access to your personal data. By using the Services, you assume this risk.

9. Other

Please be aware of the open nature of certain social networking and other open features of the Services XDEV Studio may make available to you. You may choose to disclose data about yourself in the course of contributing user-generated content to the Services. Any data that you disclose in any of these forums, blogs, chats or the like is public information, and there is no expectation of privacy or confidentiality. XDEV Studio is not responsible for any personal data you choose to make public in any of these forums.

If you are under 13 years of age or a minor in your country of residence, please ask your legal guardian’s permission to use or access the Services. XDEV Studio encourages parents and/or guardians to play an active role in their children’s online experience at all times. XDEV Studio does not knowingly collect any personal information from children under 13 years of age and if XDEV Studio learns that XDEV Studio has inadvertently gathered personal data from children under 13 years of age, XDEV Studio will take reasonable measures to promptly erase such personal data from XDEV Studio’s records.

XDEV Studio may store and/or transfer your personal data to its affiliates and partners in and outside of EU/EEA member states and the United States in accordance with mandatory legislation and this Privacy Policy. XDEV Studio may disclose your personal data to third parties in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of XDEV Studio’s stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process provided, however, that this Privacy Policy shall continue to govern such personal data.

XDEV Studio makes good faith efforts to enable you to review, update or correct your personal data in XDEV Studio’s possession. In order to do so, please contact XDEV Studio at info@XDEV Studio.com. XDEV Studio will need sufficient information from you to establish your identity and to verify your access request, and also to assist us in handling your request. Please note that even if personal data is changed or deleted according to your request, XDEV Studio may still retain some of your personal data to resolve disputes, enforce XDEV Studio user agreement(s), and comply with technical and legal requirements and constraints related to the security, integrity and operation of XDEV Studio Services.

XDEV Studio regularly reviews its compliance with this Privacy Policy. If XDEV Studio receives a formal written complaint from you, XDEV Studio will attempt to contact you directly to address any of your concerns. XDEV Studio will cooperate with the appropriate governmental authorities, including data protection authorities, to resolve any complaints regarding the collection, use, transfer or disclosure of personal data that cannot be amicably resolved between you and XDEV Studio. Any dispute, controversy or claim arising out of or relating to this Privacy Policy or the breach, termination or validity thereof shall be finally settled at XDEV Studio’s discretion (i) at your domicile’s competent courts; or (ii) by arbitration in accordance with the Rules for Expedited Arbitration of the Arbitration Institute of the Thailand Chamber of Commerce. The arbitration shall be conducted in NakhonRatchasima, Thailand, in the English language. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST XDEV Studio ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING