Last modified: September 22, 2022

Introduction

Purpose

The purpose of this Privacy Policy is to describe how Xsolla (USA), Inc. d/b/a Lightstream (“Company”, “we”, “us” or “our”) collects, uses and shares information about you through our U.S. online interfaces (e.g., websites and mobile applications) owned and controlled by us, including  golightstream.com, prism.golightstream.com, classic.golightstream.com, or studio.golightstream.com (collectively referred to herein as the “Site”). This Privacy Policy is also applicable to your use of Company beta service offering, as governed by the Beta Test Agreement found at https://golightstream.com/beta-agreement/.

Please read this Privacy Policy carefully to understand what we do. If you do not understand any aspects of our Privacy Policy, please feel free to Contact Us or as described at the end of this Privacy Policy.

• Our Privacy Policy explains:
• Information We Collect and Why We Collect It
• How We Use and Share Your Information
• Access to Your Information and Choices
• Security of Your Information
• California Privacy Rights
• International Privacy Practices
• Changes to Our Privacy Policy
• Questions and How Contact Us

Scope; Third Party Sites

This Privacy Policy applies only to information we collect at and through the Site. Our Site may also contain links to third party sites that are not owned or controlled by Company. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Site and to read the privacy statements of each and every website that collects personal information.

Terms of Use

Please note that your use of our Site is also subject to our Terms of Use.

1. Personal Information We Collect and Why We Collect It

If you are under the age of 13, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 13, we will promptly delete that information. If you believe we might have any Personal Information from a child under the age of 13, please Contact Us.

If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the Site if you have the consent from a parent or legal guardian. If we discover that we have unintentionally collected Personal Information from a child between the ages of 13 and the age of legal majority without parental consent, we will promptly delete the information from our records. If you find out that a minor has provided us with his or her Personal Information without parental consent, please Contact Us.

1.2 Why We Collect Information

In order to use the Site, you must register though your account with a third-party streaming website, such as Twitch, YouTube, and Facebook (each an “Required Platform” and collectively, the “Required Platforms”). As part of that process, you have agreed to provide us with certain permissions to receive certain data and information collected by the Require Platform, which is different for each Required Platform. We collect and process the data and information that we need to authenticate your registration with the Required Platform you are registered with and for you to use the Site, safely and securely.

The basis for this data processing is one or more of the following:

• The consent you provide to us at the point of collection of your Personal Information;
• The performance of the contract we have with you;
• The compliance of a legal obligation to which we are subject; or
• The legitimate interests of the Company or, a third party or yourself when it is not overridden by your rights.

Examples of our legitimate interests include: (1) to ensure that our networks and information are secure; (2) to verify that our internal processes function as intended and comply with legal, regulatory and contractual requirements; (3) to identify and prevent fraud and nefarious activity on the Site; (4) to administer and generally conduct the Company’s business; and (5) to assess user’s interactions with the Site and provide support in connection therewith.

Examples of cases when we rely on the contract performance basis include: (1) to provide you with an account; (2) to provide you with full access and functions of the Site; (3) to ensure the smooth functioning of the Site.

Examples of where we ask for your consent include: (1) to place non-essential cookies or other similar technology; (2) to send marketing emails to you, when we have received your permission.

1.3 Personal Information You Provide To Us

Since you register through a Required Platform, we will receive data and information from the Required Platform. We do not accept all data or information that is provided by the Required Platform, but we do accept personal information, including the following:

• Name
• Address
• Email address
• Telephone number
• Date of birth
• User-generated content (blog posts, comments, photos, videos, messages, social media, etc.)
• Friends and contacts
• Feedback you provide
• Surveys you complete
• Username and password

Any personal information that you share through the Required Platform will aslo be covered by the Required Platform’s privacy policy. Please note that any information you disclose in your public activities, along with your screen name or ID, or any image or photo, becomes public.

You can provide Personal Information to us on our Site through other means, including:

• When you register at the Site and/or create an online account
• On your account information page
• Contact us pages and forms
• Newsletter sign-up
• Live chat / instant messaging
• Online email forms
• Information provided through your smart phone or mobile device
• Feedback forms
• Request for information forms
• Sweepstakes, surveys, promotions or contests
• When you provide user generated content such as user comments, blog posts and other social media communications

1.4 Information We Collect Automatically

We collect certain information automatically as you use our Site, using both the products listed below and a product called Segment and Intercom. This includes information such as:

• IP address
• Browser type
• Computer or device type
• Unique device identifiers
• Operating system version
• The website from where you navigated to our Site
• Time and date of using our Site
• The pages on our Site that you view
• The name of your Internet service provider (ISP)
• Location / Geolocation information
• Cookies
• Your live video and audio streams when you are using the Company product to produce live-stream production to third-party platforms such as Twitch.tv and YouTube.
• Image files you upload during your broadcasts

1.5 Cookies and similar technology

When you visit our Site we send one or more “cookies” to your computer or other device. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends and providing relevant advertising to you. To the extent that the cookies we employ are non-essential for the functioning of our Site, we will request your consent for their usage when you first visit our Site. Please be aware that if you reject non-essential cookies, you may still use our Site, but your access to certain features will be limited.

Cookies used on our Site belong to one of the following categories:

• Essential cookies are strictly necessary for our Site to work and cannot be switched off. For instance, these cookies could be set in response to your actions, such as logging in, setting your privacy preferences, or filling in forms. 
• Analytical cookies are used to collect information about your use of our Site so that we can enhance your online experience. We use this information to help operate our Site more efficiently, monitor the activity level on our Site, and enhance our content.
• Targeting cookies may be set by us and/or our advertising partners on our website. They may be used to build a profile of your interests and make the advertising displayed on our website more relevant to you.

Google Analytics

The information above is collected primarily through our use of Google Analytics to help analyze how users use the Site. The Google Analytics tool uses cookies to collect standard Internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the Site (including IP address) is transmitted to Google. This information is then used to evaluate visitors’ use of the Site and to compile statistical reports on website activity for Company. For more information regarding Google Analytics please visit Google’s website, and pages that describe Google Analytics, such as http://google.com/analytics/learn/privacy.html.

Below is the list of the cookies used by the Company:

Essential cookies

Analytical/performance cookies

Targeting cookies

Pixel Tags

We may use “pixel tags,” also known as “web beacons,” which are small graphic files that allow us to monitor the use of our websites. A pixel tag is a type of technology placed on a website or within the body of an email for the purpose of tracking activity on websites, or when emails are opened or accessed, and is often used in combination with cookies. A pixel tag can collect information such as the IP (Internet Protocol) address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time the page containing the pixel tag was viewed; the type of browser that fetched the pixel tag; and the identification number of any cookie on the computer previously placed by that server.

2. How We Use Your Information

To Provide Products, Services, and Information

As described above, we collect Personal Information from you so that we can provide products and services that you purchase using the Site, and provide information that you request from us. We use your Personal Information to register and service your account and to manage the Site.

We use your Personal Information to make improvements to the Site. We also use Personal Information for analytics and measurement to understand how our Site is used. For instance, we use demographic information to better understand our customers and improve our products and services.

We may use your Personal Information to ensure security, prevent and address fraud, breach of policies or terms, and threats or harm.

We use your Personal Information to send you direct communications including information about surveys, promotions, contests, features and enhancements, special offers and other events of interest. We also may provide you with advertisements about other products and services tailored to your interests if we have your consent for such activity. You can opt-out of receiving marketing and promotional e-mails and/or newsletters from Company by using the opt-out or unsubscribe feature contained in the e-mails. 

We may also contact you to protect the security and integrity of the Site and the Company and to improve and customize our service and product offerings and Site.

We use YouTube’s API services in connection with our Service to provide certain features. As such, you acknowledge and agree that by signing up for an account and connecting your YouTube Account, you are also bound by Google’s Privacy Policy. Not foregoing any of the rights set forth herein, you may revoke access your YouTube API data by visiting Google’s security settings page.

The site’s use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements.

Advertising and Marketing

We may analyze how you browse in order to show you ads for Company or our advertising partners that are more relevant to your interests. We will seek your consent in jurisdictions where consent is required for such activities. We may use cookies and other information to provide relevant interest-based advertising to you. Interest- based ads are presented to you based on your browsing behavior in order to provide you with ads more tailored to your interests. These interest-based ads may be presented to you while you are browsing our site or third party sites not owned by Company.
Some websites may belong to ad networks that use your browsing history across websites to choose which ads to display on their sites; the displayed ads may include advertising for Company. To learn more, and to opt out of seeing interest-based advertisements on these sites,
visit the Network Advertising Initiative and the Digital Advertising Alliance websites (www.networkadvertising.org and www.aboutads.info). Websites may also offer their own opt-out methods for interest-based advertising.

3. How we Share your Personal Information

We may share your Personal Information in the following cases:

For external processing

We may provide Personal Information to the trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.

For instance, we may use third parties, such as Intercom.io, to help host our Site, send out email updates about the Site, provide marketing and advertising services for us, remove repetitive information from our user lists and process payments. These service providers will have access to your Personal Information in order to provide these services, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to helping us provide the service.

Your Consent

We may share Personal Information with companies, organizations or individuals outside of the Company when we have your consent.

Legal Obligations

We will share Personal Information with third party companies, organizations or individuals outside of the Company if we have a good-faith belief that access, use, preservation or disclosure of the Personal Information is reasonably necessary to:

• Meet any applicable law, regulation, subpoena, legal process or enforceable governmental request.
• Enforce the applicable Terms of Use, including investigation of potential violations.
• Detect, prevent, or otherwise address fraud, security or technical issues.
• Protect against harm to the rights, property or safety of Company, our users, customers or the public as required or permitted by law.
• Protect the security or integrity of the Site and to protect or enforce third party rights.

Transfer in the Event of Sale or Change of Control

If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Site to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may transfer or sell your personal information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the promises made in the applicable privacy policy unless you agree differently.

4. Your Rights in connection with your Personal Information

If you would like to request to review, correct, restrict or delete Personal Information that you have previously provided to us, object to the processing of Personal Information, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you can submit a request  submit a request through this form or by Contacting Us. We will respond to your request in accordance with the applicable law that governs the collection, use and deletion of your data and information.

5. Security of Your Personal Information

We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that e-mails and other communications you send to us through our Site are not encrypted and we strongly advise you not to communicate any confidential information through these means.

6. US Residents Privacy Rights

6.1 These additional disclosures for US residents apply only to individuals who reside in California, Virginia, Connecticut, or Colorado. The California Consumer Privacy Act of 2018 (“CCPA”), California Privacy Rights Act (the “CPRA”), Virginia Commonwealth Data Protection Act (the “VCDPA”), Connecticut Data Privacy Act (the “CTDPA”), and Colorado Privacy Act (the “CPA”) provide additional rights to know, delete and opt out, and require businesses collecting or disclosing personal information to provide notices and means to exercise rights. In the past 12 months, we have collected the same categories of Personal Information which are mentioned in the “Personal Information We Collect and Why We Collect It” section. We collect and use these categories of Personal Information for the business purposes described in the “How We Use Your Personal Information” section. We do not generally sell information as the term “sell” is traditionally understood. However, to the extent “sale” under the CCPA would be interpreted to include any of the activities described in the “How we Share your Personal Information” section, we will comply with applicable law as to such activity. In the 12 months, we have shared Personal Information for specific business purposes, as outlined in the “How we Share your Personal Information” section. We do not disclose any Personal Information to any third party.

6.2 If you are a resident of these states, you may contact us with regard to the following rights in relation to your Personal Information:

(a) Right to access. You have a right to request access to the Personal Information we may hold on you for the past twelve (12) months. You may submit up to two (2) requests per year.

(b) Right to delete. You have the right to delete Personal Information we have collected about you.

(c) Right to opt-out. For individuals sixteen (16) years or older , you have the right to opt out of the sale of your Personal Information to third parties at any time. We do not “sell” your Personal Information as it is currently defined under the CCPA. Under Section 1798.83 of California Civil Code, data subjects that are California residents can ask us to provide information on disclosure of their Personal Information to third parties for direct marketing purposes of these third parties. To make such a request, California residents can contact us via the following email [email protected] or you can write us at 15260 Ventura Blvd., Suite 2230, Sherman Oaks, CA 91403 USA (Attention: Customer Support).

(d) Right to Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights.

(e) Right to Appeal – California and Colorado: If we do not take action on your privacy rights request within the 45 days response period, or in the event of an extension, within the maximum 90-day response period, we will inform you in writing of the reasons for not taking action, as well as provide an explanation of any rights you have to appeal the decision.

(f) Right to Appeal – Virginia and Connecticut: You have the right to appeal a refusal to take action on a privacy rights request within a reasonable period of time after your receipt of our decision. Within 60 days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, you will be provided with a method through which you may contact the Attorney General of Virginia if you are a Virginia resident or the Attorney General of Connecticut if you are a Connecticut resident to submit a complaint.

6.3 To exercise any of these rights, please submit a request through this form or contact us via the following email: [email protected] with the subject: “US Privacy Rights”. We will deal with requests for access to your Personal Information within forty-five (45) days for U.S.-specific requests.

7. International Data Transfers

Company’s websites, including websites directed to residents in countries and jurisdictions outside of the United States, are operated and managed on servers located and operated within the United States. If you are using our Site out of the United States, your data and information is collected in the country in which you are located and is transferred to the United States or another country where our servers are located.

Some countries that are not members of the European Economic Area (EEA) are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here). For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, including by ensuring that the recipient is bound by EU Standard Contractual Clauses, to protect your Personal Information.

8. Changes to Our Privacy Policy

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your consent in accordance with applicable law. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.

9. Questions and How to Contact Us

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, please, email us at [email protected], or contact us by US postal mail at the following address:

Xsolla (USA), Inc.

15260 Ventura Boulevard, Suite 2230, Sherman Oaks, California, 91403 USA