ABOUT
1. XBorg DMCC, a company registered and existing under the laws of the United Arab Emirates, provides a community application via its website(s), offered from time to time through the URL https://community.xborg.com/ (collectively, the “App”).
2. The Company shall collect Personal Data, as defined below, from users who register on and use the App (the "User").
3. This Privacy Notice (the "Notice") is designed to inform Users about how their Personal Data is collected, used, stored, and processed by the Company, and to outline their privacy rights in accordance with applicable laws and regulations.
4. The Company implements privacy by default and privacy by design standards and undertakes to store User’s Personal Data in a secure manner and to process their Personal Data with all appropriate care and attention in accordance with the applicable laws and regulations.
DEFINITIONS
1. "Consent" shall mean any freely given, specific and informed indication by which a Data Subject signals agreement to the Processing of their Personal Data.
2. "Controller" shall mean the natural or legal person, who, alone or jointly with others, determines the purposes and means of the Processing of Personal Data.
3. "Disclosure" shall mean making Personal Data accessible, for example by permitting access, transmission or publication.
4. "Personal Data" shall mean any information relating to an identified or identifiable natural person (the "Data Subject").
5. "Data Breach" shall mean a breach of security leading to the accidental or unlawful destruction, loss or alteration of, or to the unauthorized Disclosure of, or access to, Personal Data that is Processed.
6. "Processing" shall mean any operation or set of operations, by automated and other means, that is performed upon Personal Data or sets of Personal Data, such as collecting, recording, organizing, structuring, storing, adapting or altering, retrieving, consulting, using, disclosing by transmitting, disseminating or otherwise making available, aligning or combining, or erasing.
7. "Recipient" shall mean a third party, public authority, agency or other body, that is, someone or something other than the Data Subject or the Company, to which the Personal Data is disclosed.
SCOPE
1. The Company provides this Notice to describe its procedures regarding the Processing and Disclosure of Personal Data collected by the Company for use of the App.
2. This Notice shall apply to any use of the App, whatever the method or medium used. It details the conditions at which the Company may collect, keep, use and save information that relates to the User, as well as the choices that the User has made in relation to the collection, utilization and Disclosure of their Personal Data.
ACCEPTANCE
1. By using the App, Users acknowledge that the Company may collect and process Personal Data that relates to them and that they have read and understood this Notice and agree to be bound by it and to comply with all applicable laws and regulations.
2. In particular, the Consent for the Processing of Personal Data is given once the User registers via the sign up methods available on https://community.xborg.com/.
3. The Consent is also given when the Users freely submit to the Company the Personal Data. The User understands and agrees that the Company is free to use this Personal Data within the limit provided by law and this Notice.
4. If you do not agree with the terms of this Notice, please refrain from using the App.
PRINCIPLES
1. While Processing Personal Data, the Company will respect the following general principles:
  1. Fairness and lawfulness
    When Processing Personal Data, the individual rights of the Data Subjects must be protected. Personal Data must be collected and processed lawfully, in a fair manner, in good faith and must be proportionate to the objective.
  2. Restriction to a specific purpose
    Personal Data handled by the Company should be adequate and relevant to the purpose for which they are collected and processed. This requires, in particular, ensuring that the types of Personal Data collected are not excessive for the purpose for which they are collected. Subsequent changes to the purpose are only possible to a limited extent and require substantiation.
  3. Transparency
    The Data Subject must be informed of how their Personal Data is being handled. When the Personal Data is collected, the Data Subject must be informed of:
    - The existence of the present Notice
    - The identity of the Controller
    - The purpose of Personal Data Processing
    - Third-parties to whom the data might be transmitted
  4. Consent of the Data Subject
    The Consent is valid only if given voluntarily. If, for any reason, the Consent of the Data Subject is not given before Processing Personal Data, this one should be secured in writing as soon as possible after the beginning of the Processing. Personal Data can be processed without Consent if it is necessary to enforce a legitimate interest of the Company. Legitimate interests are generally of a legal (e.g. filing, enforcing or defending against legal claims) or financial (e.g. valuation of companies) nature. The Processing of Personal Data is also permitted if national legislation requests, requires or allows this.
  5. Accuracy
    Personal Data kept on file must be correct and if necessary, kept up to date. Inaccurate or incomplete Personal Data should not be kept on file and deleted.
COLLECTED DATA
1. This Notice applies to all information which is received during your visit to or use of the App, and when you subscribe to any of our mailing lists. In particular, the Company will collect the following Personal Data:
  1. Device data
    When you browse the App, even if you do not sign up to the App and do not contact us, the Company automatically collects:
    - Browser events
    - Browser version
    - Device ID
    - Current URL
    - Initial referrer
    - Initial referring domain
    - Operating system
    - Traffic data and location data
    - Information about your device and internet connection, including your IP address, operating system, screen height and width
  2. the App registration and usage data
    When you, as a User, register on the App, we may collect the following Personal Data:
    - Email address
    - Username
    - Digital asset wallet for the purposes of wearables
    - Other information that you may voluntarily provide to the Company
    When you, as a User, use the App, we may collect the following Personal Data:
    - Google ID
    - Twitter ID
    - Discord ID
    - Gaming and usage data related to any third-party games (e.g. Dota) or platforms (e.g. Steam) you decide to connect your App account with (e.g. match histories)
    - in-App generated data, including questing data
USE OF DATA
1. The following paragraphs describe the various purposes for which we collect and Process your Personal Data, and the different types of Personal Data that are collected for each purpose. Please note that not all of the uses below will be relevant to every User. You Consent to the following uses of your Personal Data:
  1. For the purposes of the services offered through the App (the "Services"): The Company will use collected data to provide you with a better service, including but not limited to:
    - Communication with you to provide you with information about new Services available
    - Answer to questions and comments that you might have regarding the use of the App
    - Prevent potentially prohibited or illegal activities
    - Conduct research and compile statistics on usage patterns
    - Process your interactions with games
    - Manage User accounts
    - Enforce the Terms of Services
    - Comply with any obligations which the Company is obliged to comply with by virtue of any regulations, guidelines or laws which apply to the Services rendered through the App
    - Provide personalized support to you
    We cannot provide you with Services without being able to collect and Process your Personal Data. We Process your Personal Data when you contact us to resolve any questions, disputes or to solve any problems which may arise within the Services or through the use of the App. We Process your Personal Data to provide a personalized experience and implement the preferences you request. For example, you may choose to provide us with access to certain Personal Data stored by third parties.
  2. Customer Service: You Consent that we use any of the collected data for customer service purposes, including responding to your enquiries and/or notifying you information or update about the Service, the App, the Terms, or this Notice and/or sending you confirmations about your interactions and engagement with games. This typically requires the use of certain personal contact information and information regarding the reason for your inquiry (e.g. technical issue, question/complaint, general question, etc.).
  3. Internal Research: You Consent that we use your collected data, in accordance with applicable laws, for other general business purposes, such as conducting internal marketing and demographic studies and measuring the effectiveness of advertising campaigns. You Consent that we also use your Personal Data for security purposes.
  4. Marketing: Based on your communication preferences, you Consent that we may use your email in order to send you marketing communications, including our newsletter, in order to inform you about our events or our partner events; to deliver targeted marketing and to provide you with promotional offers based on your communication preferences. We use Personal Data about your usage of our Services and your contact information to provide marketing communications, including but not limited to promotions, special offers and other information, personalize promotional offers, in particular based upon their activity and their transaction history in order to use push notifications. You can opt-out of our marketing communications at any time. We send administrative or account-related information to you to keep You updated about our news (provided you have subscribed to our newsletter) or inform You of relevant security issues or updates to the App and/or Service, changes of the Terms of Service or to this Notice or provide other transaction-related information. Without such communications, You may not be aware of important developments relating to your Account that may affect how You can use our Services.
  5. Maintenance: you Consent that we use your Personal Data to inform you about scheduled or unscheduled maintenance of the App or of our Services.
2. You may withdraw your Consent at any time for any use of your Personal Data by the Company by contacting the Company in writing using the details provided in this Notice. Please note that the withdrawal of your Consent will not affect the lawfulness of the Processing of your Personal Data based on your Consent before its withdrawal. However, in the event you withdraw your Consent, you will be effectively unable to continue using and benefiting from the Services offered on the App. It should be noted that the withdrawal of your Consent to Process Personal Data may limit your possibility to benefit from the Services available on the App. The consequences of your withdrawal of Consent may be the termination of your User account as we will not be able to provide our Services in accordance with the Terms of Service. This termination shall not be applicable to your withdrawal of Consent to the Processing of Personal Data for marketing purposes only.
THIRD PARTY DISCLOSURE
1. We may disclose aggregated information about our Users, and information that does not identify any individual, without restriction.
2. The Company may disclose Personal Data that we collect, or you provide to:
  1. To our subsidiaries and affiliates
  2. To contractors, service providers, and other third parties, including game developers, we use to support our business and who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them
  3. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by the Company about the Users is among the assets transferred
  4. To fulfill the purpose for which you provide it
  5. For any other purpose disclosed by us when you provide the information with your consent
3. The Company may share your Personal Data to any other relevant third parties, in particular if we are requested to do so to comply with a court order or law enforcement authorities request, or if we find it necessary, as determined in the Company's sole discretion, to investigate, prevent or take action regarding illegal activities, to defend our interest or as otherwise required or permitted by law.
4. Unless otherwise stated, the third parties who receive data from the Company are prohibited to use this Personal Data beyond what is necessary to provide the product or service to you, directly or by participating in the Company's activities.
5. Users on the App are able to interact with and purchase from third parties. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
STORAGE
1. The storage as well as the Processing of your Personal Data may require that your Personal Data are ultimately transferred/transmitted to, and/or stored at a destination outside of your country of residence.
2. Where permitted by law, by accepting the terms of this Notice, you agree to such transferring, transmission, storing and/or Processing. You also agree that such activities may take place to or in countries offering a lower level of protection than your country of residence.
3. In any case where cross-border transfer is done, the Company ensures that adequate protection is guaranteed for Personal Data to be transferred outside of the European Economic Area. In some specific cases when this level of protection is not guaranteed, the Company will obtain your prior Consent or establish with the Recipient of Personal Data a contractual framework or sufficient safeguards that ensure an adequate level of protection abroad. You may request access to a copy of these safeguards by contacting the Company.
RETENTION
1. In accordance with applicable laws, the Company will use your Personal Data for as long as necessary to satisfy the purposes for which your Personal Data was collected or to comply with applicable legal requirements.
SECURITY
1. The Company applies industry standards and adequate technical and organizational measures, in accordance with applicable laws, to ensure that your data is kept secure.
2. In the event of a Data Breach, the Company shall without undue delay, and where feasible, not later than 72 hours after having become aware of it, notify the Data Breach to the competent supervisory authority, unless said Data Breach is unlikely to result in a risk to your rights and freedoms. If the Data Breach is likely to result in a high risk to your rights and freedoms, the Company shall communicate this Data Breach to you, if it is feasible, without undue delay.
YOUR RIGHTS
1. You have the right to request access to or information about the Personal Data relating to you which are processed by the Company.
2. Where provided by law, you, your successors, representatives and/or proxies may (i) request deletion, correction or revision of your Personal Data; (ii) oppose the data Processing; (iii) limit the use and Disclosure of your Personal Data; and (iv) revoke Consent to any of our data Processing activities, if the Company is relying on your Consent and does not have another legal basis to continue Processing your data.
3. You also have the right to receive your Personal Data, which you have provided to the Company with, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the Company.
4. These rights can be exercised by contacting us through our contact form or writing to us at: legal@xborg.com. If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected.
5. The request is free of charge unless your request is unfounded or excessive (e.g. if you have already requested such Personal Data multiple times in the last twelve months or if the request generates an extremely high workload). In such a case, the Company may charge you a reasonable request fee according to applicable laws.
6. The Company may refuse, restrict or defer the provision of Personal Data where it has the right to do so, for example if fulfilling the request will adversely affect the rights and freedoms of others.
PRIVACY BY DESIGN AND BY DEFAULT
1. The Company will, both at the time of the determination of the means for Processing and at the time of the Processing itself, implement appropriate technical and organizational measures, such as pseudonymization, which are designed to implement data-protection principles, such as data minimization, in an effective manner and to integrate the necessary safeguards into the Processing in order to meet the requirements of the applicable laws and regulations, and protect your rights.
2. The Company will implement appropriate technical and organizational measures for ensuring that, by default, only Personal Data which are necessary for each specific purpose of the Processing are processed. This obligation applies to the amount of your Personal Data we collect, the extent of their Processing, the period of storage and their accessibility. These measures will ensure that by default your Personal Data are not made accessible without your intervention to an indefinite number of third parties.
MODIFICATIONS
1. The Company reserves the right to make any changes to this Notice at any time, as the Company deems necessary or desirable.
2. Your continued use of the App after any such changes or after explicitly accepting the new Notice upon using the App shall constitute your consent to such changes. If you do not agree to any given modifications to this Notice, you should stop using the App.
CONTROLLER
1. The Controller of your Personal Data is XBorg DMCC, a company registered at Unit No: 3307, DMCC Business Centre Level No 1, Jewellery & Gemplex 3, Dubai, United Arab Emirates, with company number DMCC196748.
2. Data Protection Officer and GDPR Art. 27 EU Representative: Mr Stefan Belchev, legal@xborg.com
LINKS
1. The App may contain links which direct you to third party sites. The Company rejects any liability relating to the privacy rules in force on said third party sites, the collection and use of your Personal Data by the latter and relating to the contents of said sites (whether the links are hypertext links or deep-links).
GOVERNING LAW
1. This Notice and any questions relating thereto shall be governed by the laws of the United Arab Emirates, to the exclusion of any rules of conflict resulting from private international law.
2. Any dispute relating to this Notice must exclusively be brought before the courts of Dubai, United Arab Emirates.
CONTACT
1. To ask questions or make comments on this Notice or to exercise your rights, please contact us through our email address: legal@xborg.com
2. You have the right to make a complaint if you feel your Personal Data has been mishandled or if the Company has failed to meet your expectations. You are encouraged to contact the Company about any complaints or concerns but you are entitled to complain directly to the relevant supervisory authority.