Privacy Policy

Xstar Gaming Pty Ltd is an Australian corporation headquartered in Sydney, Australia. Throughout this General Privacy Notice, ‘Xstar Gaming’, ‘the Company’, ‘we’, ‘us’, ‘our’ and ‘ours’ refer to Xstar Gaming Pty Ltd. Xstar Gaming is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information. We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information. A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au This Privacy Policy applies whenever you play our games or otherwise access any of our other products, services, content, xstargaming.com and/or the other domains provided by Xstar Gaming, together referred to as “Services.” This Privacy Policy was last updated on 20 February 2024.

1. Playing our games

By downloading, accessing and/or playing our games or using our other Services, you consent to the collection of information about you by us. The majority of this data comes directly from you or your device, such as device information, country and region, and game play information. We use this data to provide our games and Services to you, including for the purposes of optimisation, preventing fraud, customising in-game offers and verifying purchases. We may also use it for the other purposes set out in this Privacy Policy, including for marketing and advertising purposes.

2. Visiting our website

When you visit our other websites, such as https://xstargaming.com, and other websites and forums operated by us (“Websites”), we collect information about you, such as details about how you use and interact with such Websites. We may use the information we collect about you for a number of purposes, including for operating and optimising the Websites, in connection with our advertising purposes, and for research or analysis.

3. What is Personal Information and why do we collect it?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers. This Personal Information is obtained in many ways including correspondence, by telephone and facsimile, by email, via our website www.xstargaming.com, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties. We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing. When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it. We do not sell personal information of our users and have not done so in the preceding 12 months. We also do not share your personal information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure, typically by “opting in” to receive information from a third party that is participating in a sweepstakes or other promotion on one of our sites. If you do ask us to share your personal information with a third party for its marketing purposes, we will only share information in connection with that specific promotion, as we do not share information with any third party (other than our service providers) on a continual basis.

4. Connecting with a third-party network

Where we make this available, you can choose to log in to our services using your account details with a third-party network, such as Facebook or Google. If you do this, you will be able to use your account to log in on multiple devices and synchronise progress across those devices. Where available, you will also be able to see which of your friends are playing the same game and their progress through the games (and they will be able to see you and your progress), or access other functionality we make available in our games and other Services, such as inviting friends to play and sending gifts to other players.

5. Connecting to Facebook

Logging in with Facebook will not allow us to post anything to your page without your permission and we will not receive any information about your Facebook friends who do not play our games. If you do not wish your Facebook friends to be able to see you and your progression in our games, you can prevent this by updating your app permissions from within your Facebook settings.

6. Information we receive from third-party networks

If you log in to our games or Services using a third-party network, such as Facebook or Google, we will receive some of your account information.  Exactly what information we receive will depend on your settings in the third-party account, but typically we receive basic public profile information such as your username, name, email address, age/age range, gender, chosen language, country and any other public information. If you choose to provide your email address, we may from time to time send you marketing emails about our other games and Services. You can opt out of this at any time. We would recommend that you read the Privacy Policy of the third-party network you use to connect to our games and Services, and review your privacy settings from time to time to make sure that you understand fully how your third-party network data is shared.

7. Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

• Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
• Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at the Adobe website
• Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: What Are Cookies?. We use both Session and Persistent Cookies for the purposes set out below:

• Necessary / Essential CookiesType: Session CookiesAdministered by: UsPurpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
• Cookies Policy / Notice Acceptance CookiesType: Persistent CookiesAdministered by: UsPurpose: These Cookies identify if users have accepted the use of cookies on the Website.
• Functionality CookiesType: Persistent CookiesAdministered by: UsPurpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

8. Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.
• For business transfers: We may use Your information to evaluate or conduct 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 Data held by Us about our Service users is among the assets transferred.
• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

9. Children

You must be over a certain age to play our games and use our Services, depending on where you live. We do not knowingly collect or solicit personal information from or direct or target interest-based advertising to anyone under the age of 16, or knowingly allow such persons to use our Services. If you believe that we might have any information from or about a child under the minimum age, please send us an email at privacy@xstargaming.com

10. Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information. Sensitive information will be used by us only: • For the primary purpose for which it was obtained • For a secondary purpose that is directly related to the primary purpose • With your consent; or where required or authorised by law.

11. Do Not Track

Currently, various browsers offer a “do not track” or “DNT” option that relies on technology known as a DNT header, which sends a signal to the websites visited by the user about the user’s browsers DNT preference setting.  Xstar Gaming does not currently commit to responding to browser DNT preference across its Sites and Services.

12. Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

13. Disclosure of Personal Information

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Third Parties

Third parties where you consent to the use or disclosure.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

14. Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

15. Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure. When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

16. Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer. The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

17. Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing. Xstar Gaming will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information. In order to protect your Personal Information, we may require identification from you before releasing the requested information.

18. Deleting Mobile Application Account

19. Maintaining the Quality of your Personal Information

It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

20. Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

22. Policy Updates

This Policy may change from time to time and is available on our website.

23. Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact us at: privacy@xstargaming.com By visiting this page on our website: https://www.xstargaming.com/contact All notices given by you or required from you under this Privacy Policy shall be in writing and addressed to Xstar Gaming Pty Ltd at the following address: Xstar Gaming Pty Ltd PO Box 3277 LIVERPOOL NSW 2170 Australia privacy@xstargaming.com

Additional California Privacy Disclosures Supplement

If you are a California resident, the processing of certain personal data about you may be subject to the California Consumer Privacy Act (“CCPA”) and other applicable California state privacy laws. The CCPA gives you certain rights with respect to the processing of your personal data (known as “personal information” under the CCPA). This supplement provides privacy disclosures and informs you of your additional rights as a California resident, and should be read in conjunction with our privacy policy.

Right to be informed – Request to know

Depending on the circumstances, you have a right to know:

• whether we collect and use your personal information;
• the categories of personal information that we collect;
• the purposes for which the collected personal information is used;
• whether we sell your personal information to third parties;
• the categories of personal information that we sold or disclosed for a business purpose;
• the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
• the business or commercial purpose for collecting or selling personal information.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request. To make a verifiable request for information about the personal information we have collected, disclosed for a business purpose, or have sold about you, please email us at privacy@xstargaming.com

Right to request deletion of the data – Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities. You may exercise your right to delete by contacting us via the online [form], or by sending an email to privacy@xstargaming.com. Once you have submitted your request, you will receive an automated acknowledgment of your request. If you do not receive confirmation of your request, please resubmit your form or contact us. After verifying your identity, we will process your request. Deletion requests may take up to 45 days to process.

Collection, Disclosure, and Selling of Personal Information

Categories of Personal Information We Collect

We have collected the following categories of personal information during the previous twelve (12) months:

1. identifiers and contact information, such as account name, device ID, email address, IP address, etc.
2. Protected Classification Characteristics, such as age and gender
3. commercial information, such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
4. Internet network activity information, such as website or application or advertisement browsing history
5. geolocation data, device shared location, and Wi-Fi connection location
6. inferences resulting from information referenced under categories 1-5.

The personal information we collect is described further in Section 3 and 8 of this privacy policy, which you should review in addition to the above list.

Categories of Third Parties with Which We Share Personal Information

Over the past twelve (12) months, Xstar Gaming has shared personal information with the below categories of third parties:

1. Service providers relating to website hosts, data storage, project management, customer relations, subscription management, communications management, document management, data analytics, payment and accounting processes, customer verifications, privacy and security, and marketing;
2. advertising and marketing companies;
3. Related Companies.

Additional information about these categories is provided in Section 8 and 13 of this privacy policy.

Categories of Personal Information Sold

The CCPA requires that we provide transparency about personal information we sell, which for the purposes of the CCPA means scenarios in which Xstar Gaming has shared personal information with third parties in exchange for money or valuable consideration. Under the CCPA’s broad definition of “sale”, Xstar Gaming has NOT sold any personal information during the previous twelve (12) months.

Minor’s Privacy

As described in our privacy policy Section 9, we do not knowingly collect or sell personal data about children.  If you learn that your child has provided us with personal information without your consent, you may alert us at privacy@xstargaming.com

“Shine The Light”

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. To request removal of such data, please send an email to privacy@xstargaming.com  and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with the information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate. We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Financial Incentives

“Financial incentive” means a program, benefit, or other offering, including payments to consumers as compensation, for the disclosure, deletion, or sale of personal information. The law permits financial incentives or a price or service difference if

• a business has calculated a good-faith estimate of the value of the consumer’s data that forms the basis for offering the financial incentive or price or service difference, and
• if a description of the method the business used to calculate the value of the consumer’s data.

We may decide to offer a financial incentive (e.g. price or service difference) in exchange for the retention of sale or consumer’s personal information. If we decide to offer a financial incentive, we will notify you of such financial incentive and explain the price difference, as well as material terms of the financial incentive or price of service difference, including categories of personal information that are implicated by the financial incentive or price or service difference. If you choose to participate in the financial incentive you can withdraw from the financial incentive at any time by emailing us at privacy@xstargaming.com