Privacy Policy & Personal Data Protection

Effective Date: September 15, 2019

We are XD Productions, a 3D production studio providing passive and interactive entertainment content, augmented reality mobile gaming applications, as well as other virtual and immersive experiences.

To provide these services, we require certain information about you. Protecting your privacy is very important to us. We only use your information where we have a legal basis to do so. This Privacy Policy explains what information we collect, how we use it, and what choices you have when you play one of our games, use our websites, purchase merchandise, or participate in live events and promotions (the “Services”).

Please note that, in addition to the general information below, specific details regarding how certain Services use your information are provided at the end of this Privacy Policy under “Application-Specific Information” (Section 9). You should also review our Terms of Use, which govern the contractual relationship between you and XD Productions.

1. Who Controls the Use of Your Personal Data?

XD Productions is the data controller responsible for determining how your personal information is used.

If you have any questions or comments regarding this Privacy Policy, you may contact us at:

Email: contact@xdprod.com

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2. Information We Collect and How We Use It

This Privacy Policy covers our use of any information that identifies or could be used to identify you (“Personal Data”). It does not cover information that cannot be used to identify you (“Anonymous Data”).

We need to collect and process certain Personal Data in order to provide the Services:

• When you register for our Services, you voluntarily provide Personal Data. We collect and use this information to ensure the proper operation of the Services and to provide you with the correct version of those Services. This information may include your team name within our games.
• We also collect and use your in-game actions and achievements, as well as certain information about your mobile device (including device identifiers, operating system, device model, and configuration) in order to operate the Services and ensure fair gameplay for all users.
• We use the above information to provide technical support and customer service.
• You also provide Personal Data when making purchases through us, subscribing to our communications, registering for live events, participating in contests, promotions, sweepstakes, or surveys, or otherwise communicating with us. Depending on the Services you use, this information may include your name, mailing address, telephone number, country of residence, date of birth (where required to verify eligibility), and email address.

We use this information to provide the requested Services and associated customer support.

In addition, we have a legitimate interest in, and rely on that legitimate interest to:

• Use your IP address, browser type, operating system, referring webpage, pages viewed within our Services, features used, time spent on pages or features, links clicked, advertising identifiers, device identifiers, in-game actions, user preferences and settings, and in-app purchases to understand who uses our Services and how they are used.
• Use your contact information, including your email address, to communicate with you and provide technical support and customer service.
• Use your email address and device information to send updates and news regarding our Services, either within the games themselves or via email. You may opt out at any time through your device settings or application settings.
• Develop new features or enhance existing features of our Services.
• Organize and manage live events based on or featuring our games. Please note that when you participate in live events, your in-game actions and achievements, as well as your team name, may be visible to other participants and members of the public (for example through event leaderboards displayed online or during the event).
• Comply with legal and regulatory obligations.
• Send marketing materials via email or in-app notifications. You may opt out at any time through your device settings or application settings.

We also rely on your consent when using cookies and similar technologies. Please refer to our Cookie Policy for more information. Where cookies collect Personal Data, we process such data only on the basis of your explicit consent, either anonymously or under a pseudonym.

Although you may disable cookies through your browser settings, XD Productions currently does not respond to “Do Not Track” signals transmitted by browsers or mobile applications due to the lack of an industry-standard interpretation of such signals.

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3. Who We Share Information With

We do not share the Personal Data we collect about you except in the circumstances described below.

Information Shared With Service Providers

We engage third-party service providers to help administer and deliver the Services. As part of their work, they may process your Personal Data on our behalf.

These service providers are granted access to Personal Data solely for the purpose of performing services for us and are contractually required not to disclose or use your Personal Data for any other purpose.

Our service providers assist us with:

• Operating, maintaining, and supporting our mobile games through third-party platforms and software tools;
• Content moderation and crash analytics;
• Email and mobile messaging campaigns;
• Game analytics and marketing analysis;
• Managing live events, competitions, sweepstakes, and promotions, including player registration, event participation, eligibility verification, and prize distribution;
• Providing technical support and customer service;
• Processing payments for live event tickets and other purchases.

Certain third-party providers may also collect information directly from you (for example, payment processors may collect billing and financial information) under their own privacy policies. These providers do not share your financial information, such as credit card details, with XD Productions, although they may share limited purchase-related information such as postal or ZIP codes.

Information Shared With Third Parties

We may share Anonymous Data with third parties for industry and market analysis purposes.

We may share Personal Data with our third-party publishing partners for their direct marketing purposes only where we have obtained your explicit consent.

We do not share Personal Data with any other third parties for their direct marketing purposes.

Information Disclosed for Protection Purposes

We cooperate with governmental authorities, law enforcement agencies, and private entities to enforce and comply with the law.

We may disclose your Personal Data when we reasonably believe such disclosure is necessary or appropriate to:

• Respond to legal claims and legal processes, including subpoenas and court orders;
• Protect our property, rights, safety, or those of third parties or the public;
• Investigate and prevent activities that we consider illegal, unethical, or legally actionable.

Information Disclosed in Business Transactions

Information collected from users, including Personal Data, constitutes a business asset.

If XD Productions is acquired by a third party through a merger, acquisition, asset sale, or similar transaction, or if our assets are transferred as part of bankruptcy or business closure proceedings, your Personal Data may be transferred to the acquiring entity as part of that transaction.

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4. How Your Personal Data Is Transferred

XD Productions Services are available worldwide.

As a result, your Personal Data may be transferred to and stored in countries outside your country of residence, including the United States, for the purposes described in this Privacy Policy.

Data protection laws in these countries may differ from those applicable in your home country.

Where we transfer Personal Data from the European Economic Area (EEA) to other countries, including the United States, we ensure that your Personal Data receives an adequate level of protection by implementing at least one of the following safeguards:

• The destination country has been recognized by the European Commission as providing an adequate level of protection for Personal Data.
• We use standard contractual clauses approved by the European Commission, which provide Personal Data with protections equivalent to those available within Europe.
• When working with service providers in the United States, we require participation in recognized data transfer frameworks or equivalent safeguards designed to provide protections comparable to those available within the EEA.

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5. How We Protect Your Personal Data

We have implemented appropriate security measures to prevent your Personal Data from being accidentally lost, used, accessed, altered, or disclosed without authorization.

We also limit access to your Personal Data to employees, agents, contractors, and other third parties who have a legitimate business need to know such information. They will only process your Personal Data according to our instructions and are subject to confidentiality obligations.

We have established procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulatory authority of a breach where we are legally required to do so.

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6. How Long We Retain Your Personal Data

We retain your Personal Data for as long as necessary to provide the Services and fulfill the purposes described in this Privacy Policy. This also applies to any third party with whom we share your information and who provides services on our behalf.

When we no longer need to use your Personal Data and are not required to retain it to comply with legal or regulatory obligations, we will either delete it from our systems or anonymize it so that it can no longer be associated with you.

When deleting Personal Data, we take commercially reasonable and technically feasible measures to make such data unrecoverable and impossible to reproduce.

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7. Your Rights

You have certain rights regarding your Personal Data. To exercise any of these rights, please contact us at contact@xdprod.com.

You may:

• Request access to the Personal Data we hold about you.
• Request correction or deletion of your Personal Data. The easiest way to update account information is through your application settings.
• Object to our processing of your Personal Data. Please note that some Personal Data is necessary to provide the Services and fulfill our obligations under the Terms of Use.
• Request that we stop using your Personal Data, including for marketing and promotional purposes (although certain uses may remain necessary for the operation of the Services).
• Request the transfer of your Personal Data to another organization where technically feasible.
• Lodge a complaint with a supervisory authority.

While we encourage you to contact us first so we can address your concerns directly, you may also file a complaint with the French Data Protection Authority:

CNIL (Commission Nationale de l’Informatique et des Libertés)
3 Place de Fontenoy – TSA 80715
75334 Paris Cedex 07
France

Please note that applicable laws may provide exceptions to these rights in certain circumstances. If we are unable to comply with a request due to such an exception, we will explain the reason.

We are committed to providing you with choices regarding the collection, use, and sharing of your Personal Data and will respect the choices you make.

Please note that if you choose not to provide certain Personal Data requested by us, you may not be able to access all features of the Services.

Our goal is to respond to your request and provide the requested information within 35 days.

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8. Children

Unless otherwise specified for a particular Service, children are not permitted to use the Services, and we do not knowingly collect Personal Data from them.

For the purposes of this Privacy Policy, « Children » means:

• Residents of the EEA: anyone under the age of 16, or the minimum age required to consent to the processing of Personal Data in their country of residence.
• Residents of the Republic of Korea: anyone under the age of 14.
• Residents of all other regions: anyone under the age of 13.

The XD Productions Game Resources provide information regarding age requirements for each of our applications.

XD Productions encourages parents and guardians to monitor their child’s online activities and use of the Services.

The Services comply with both the U.S. Children’s Online Privacy Protection Act (COPPA) and the General Data Protection Regulation (GDPR).

Under COPPA, verifiable parental consent is required before collecting, using, or disclosing a child’s Personal Data. XD Productions will not collect, use, or disclose any Personal Data from a child without obtaining such consent from a parent or legal guardian.

If we become aware that we have collected Personal Data from a child without appropriate parental consent, we will take reasonable steps to delete that information from our records as soon as possible.

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9. Application-Specific Information