## Xenko Privacy Policy Xenko (“We” or “Us”) has created this privacy policy (“Privacy Policy”) to explain and summarize how we collect, retain, use and protect Your personally identifiable information (“User Information”) when You use Xenko’s software (the “Software”) and any associated services (the “Services”). By using the Software or the Services, you agree to this Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT DOWNLOAD THE SOFTWARE, AND DO NOT USE THE SOFTWARE OR THE SERVICES. ## Information Collected and How it is Used Xenko collects and uses information for the Software and the Services as follows. * Information that is collected 1. Xenko collects and uses information you provide to us or that we learn from your use of the Software or the Services as described in this Privacy Policy. 2. E-mail addresses are collected to identify the user and prevent the unauthorized use. * Service use information 1. Cookies Cookies are used to provide better services through understanding the number of visits and the form of use of the Software and the Services to improve the Software and the Services, and for the convenience of the users, including to provide content storage and for the security including the maintenance and protection of the sessions. Users may opt out of allowing cookies. If cookies are rejected, part of the Services, including the services that require login, cannot be used. 2. Log Xenko may observe your activities, preferences, and transactional data (such as your IP address, location information, device) relating to your use of the Services. While we may collect or log this information, we generally do not identify you or match this information with your other personal information or stored voice recordings or text data. We may use this collected or logged information on an aggregated basis to diagnose technical problems, to analyze the user environment, to improve the Services, or to prevent illicit acts that impede normal service. Xenko, or its authorized service providers may use “cookies” and other technologies to analyze usage conditions and improve services, and may also collect and use technical data and information about your device and the system and application software incorporated on the device. 3. Device information Information about the device used may be obtained (OS, individual identification information of the device, computer name, etc.). This information may be used to provide better services and prevent illicit acts that impede the customer identification and normal operation of the Software or the Services. ## Purpose for Use of User’s Information Xenko shall use the User Information for the following purposes. * Enhance use of the Software and the Services by the users * Address customer support issues * Respond to customer inquiries * Announce information about the Services, or providing advertising or marketing information of third parties * Identify users when they make inquiries * Bill processing related to use of paid Services * Prevent unauthorized use * Inform You of important notices in relation to the Software or the Services as required, in Xenko’s sole discretion * Evaluate the effectiveness of the Software or the Services * Measure and analyze the conditions under which you use the Software and the Services * Investigate and respond to malfunctions or other problems concerning the Software and the Services * To improve the Software and the Services * To tabulate and analyze statistics for the purposes of developing new software and services and marketing activities. ## Provision of information to third parties Xenko shall not provide User Information to third parties, except as follows: * As expressly stated in this Privacy Policy * The User provides consent or, in the case of a minor, the minor’s parent or guardian provides consent. * As required by law or court order * If the User has violated the Terms of Use and if User Information needs to be disclosed to protect the rights, assets and services of Xenko or third parties * To protect the life, physical safety or assets of a person * To improve the public health or sound development of children * As required by governmental agencies, local governments or those entrusted by the said agencies or governments to enforce laws and regulations. Xenko may be required to disclose User Information if it: (a) believes it is reasonably necessary to comply with legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirements of any governmental authority; (b) would potentially mitigate our liability in an actual or potential lawsuit; (c) is otherwise necessary to protect our rights or property; or (d) is necessary protect the interest of other users of the Software or the Services. * In the event of a merger, company split, transfer of businesses, of if Xenko should ever file for bankruptcy, or if Xenko decides to buy, sell or reorganize some part or all of its business, and Xenko is required to disclose User Information to prospective or actual purchasers, or to receive information from sellers. It is Xenko’s practice to seek appropriate protection for information disclosed or received in these types of transactions. ## Joint use of information Xenko may work with some authorized service providers to provide certain services, such as technical and customer support. Where practical, Xenko will require these service providers to safeguard User Information. To the extent it is necessary for these service providers to complete their contractual obligations to Xenko, these third parties may have access to or process User Information. Xenko generally limits service providers’ use of User Information to the purpose for which it was shared. Xenko may sometimes permit our authorized service providers to have access to aggregate statistics about our customers, sales, traffic patterns, usage and related information. ## Collection of User Information from Minor and other Children Under Age 13 The Software or the Service is not intended for nor directed to children under the age of 13, and children under the age of 13 are prohibited from downloading, accessing or using the Software and the Service. We do not knowingly collect, use or retain personal information from children under the age of 13. If we discover that we have inadvertently collected personal information from children under the age of 13, we will take all reasonable measures to delete any records of such personal information that comes to our attention. ## Disclosure, correction or deletion of information Users may request the purpose of use, disclosure, correction, addition, deletion, suspension of use, elimination or suspension of provision to a third party in relation to the User Information, if required by law. In the event You make such a request, Xenko may need to terminate Your user of the Software and the Service. Please send Your request by mail to the following address in writing enclosed with the document certifying the identification of the user (a copy of a driver’s license, passport, etc.). The request shall be handled as required by applicable laws and regulations after the details of the request are confirmed. Please understand that Xenko may retain Your information in our files, however, to resolve disputes, enforce the Terms of Use, and due to technical and legal requirements and constraints related to the security, integrity and operation of the Software and the Services. * Details of the request (confirmation, correction, deletion, etc. Please specify the details of correction in case of correction). (Contact address) User Information Management Office Silicon Studio Corporation NR Building, 1-21-3 Ebisu, Shibuya-ku, Tokyo 150-0013 (Fee) 800 yen per application Please enclose a postage stamp for 800 yen. ## Change of Privacy Policy You understand that Xenko may update this Privacy Policy from time to time. We reserve the right to make changes at any time. If we make material changes to this Privacy Policy, we will notify you through the Software or the web page that provided the Software to You(the “Site”) along with information on accessing the updated Privacy Policy. If such a change takes place, the revised Privacy Policy will be published at the Software or the Site. Your continued use of the Software and the Services will signify your acceptance of the changes of our Privacy Policy. ## Security Although Xenko uses reasonable measures to protect User Information, there is no guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of our firewalls and secure server software. If Xenko learns of a security systems breach we may attempt to notify You electronically so that You can take appropriate protective steps. By using the Software or the Services, or providing personal information to us, You agree that we can communicate with You electronically regarding security, privacy and administrative issues relating to your use of the Software and the Services. Depending on where You live, You may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw Your consent from receiving electronic notice) You should notify us at the email address specified in the Help section of the Software. ## Disputes Any disputes arising out of our related to this Privacy Policy shall be handled pursuant to the Xenko License Agreement. ## Do Not Track Signals and Third Party Networks The Software is downloaded and provision of the Software and the Services are not impacted by browser settings, and therefore cannot respond to or recognize “do not track” settings on browsers. Third party ad networks do not gather information from the Software or the Services. ## Inquiries for User Information Please contact the following for inquiries in relation to the User Information: * legal (at) xenko.com Effective date: June 17, 2018