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xCloud GDPR Policy

Please take the time to read this agreement carefully, as it includes important information about your legal rights and protections.

xCloud (we, us) believes it is important that you understand how we collect, store, share and use information from and about our website visitors, subscribers, customers and vendors. This EU/UK GDPR Privacy Notice (Notice), our cookie policy and other legal notices posted on our website https://xcloud.host/ (Site) describe our collection, use and disclosure of personal data.

What is the GDPR & to Whom Does the GDPR apply?

The General Data Protection Regulation (GDPR) is a regulation in European law that was adopted on April 14, 2016 and became enforceable on May 25, 2018. This law regulates data protection and privacy for all individuals within the European Union and the European Economic Area. It also addresses the export of personal data outside the EU and EEA. The GDPR aims primarily to give control to citizens and residents over their personal data and to simplify the regulatory environment for international business by unifying the regulation within the EU.

This Notice applies to personal data:

  1. collected through the Site
  2. when you subscribe to or otherwise use our online services (Services)
  3. in the course of our business activities conducted elsewhere, whenever we act as the controller of that data and when its processing is governed by EU General Data Protection Regulation or the UK General Data Protection Regulation (together, the “GDPR”)

Applicability of GDPR to Individual Customers

This Notice does not apply to information collected, stored, shared, or distributed by third-party sites and may be updated from time to time.

Applicability of GDPR to Individual Customers

The GDPR applies to all entities and individuals which process personal data as part of their activities, or the activities of one of their branches, established in the EU, regardless of where the data is processed. The law also applies to any company established outside of the EU offering goods/services or monitoring the behavior of individuals within the EU. This includes all xCloud customers, including individuals (whether located inside or outside the EU), who collect and process personal data and information from any persons within the EU using our products and services.

xCloud’s Responsibilities Under GDPR

When you visit our Site or use our Services, our server automatically collects certain browser or device generated information, including but not limited to:

  1. your domain;
  2. your IP address;
  3. your date, time and duration of your visit; 
  4. your browser type; 
  5. your operating system; your page visits; 
  6. information from third parties; 
  7. other information about your computer or device; 
  8. Internet traffic.

xCloud’s Responsibilities Under GDPR

In some cases, this information constitutes personal data. We do not use this automatically collected information to try to identify you by name, and we do not associate it with the information you provide voluntarily, as detailed in subsequent sections.

Steps Taken by xCloud to Ensure GDPR Compliance

In order to access or use certain portions of the Site or Services, or enjoy the full functionality of the Site or Services, or otherwise in conducting business with us or seeking to conduct business with us, you may be prompted to provide certain personal data to us in the following ways:

  1. Subscribers to our Services will be prompted to provide their name, address, email, phone number and any other necessary billing information.
  2.  Site visitors and prospective and current suppliers and subscribers may provide personal data when filling in forms (for example, a ‘Contact us’ form) on our site or at a trade show or anywhere else we conduct business; 
  • by printing documentation from our site
  • by subscribing to newsletters or other communications. 
  • by corresponding with us by tickets, email or otherwise providing contact details. 

Web Statistics Cookies

In these cases, the personal data you give us may include name, business affiliation, business address, telephone number, email address and any personal details required to resolve any inquiries or complaints.

This personal data is required to enter into a contract with you (such as in anticipation of a supply agreement or to learn about our Services) or to perform a contract with you (such as to provide services) and failure to provide any information may result in our inability to provide requested services or products.

The Information You Provide to Us

To access or use certain portions of the Site or Services, enjoy the full functionality of the Site or Services, or conduct business with us, you may be required to provide personal data in the following ways:

  • Subscribers to our Services will be prompted to provide their name, address, email, phone number, and any other necessary billing information.Subscribers to our Services will be prompted to provide their name, address, email, phone number and any other necessary billing information.

  •  Site visitors, prospective and current suppliers, and subscribers may provide personal data when:

  • Filling in forms (e.g., a “Contact Us” form) on our Site, at a trade show, or other business events.

  • Downloading documentation from our Site

  • Subscribing to newsletters or other communications.

  • Corresponding with us by phone, email, or other means. 

Advertising Cookies

Typically, the personal data you provide may include your name, business affiliation, business address, telephone number, email address, and any details required to resolve inquiries or complaints.

This personal data is necessary to enter into or perform a contract with you (e.g., for a supply agreement or service request). Failure to provide this information may result in our inability to offer the requested Services or products.

The Information We Obtain From Other Sources

We may obtain fraud and risk-scoring data from third parties to ensure the security and integrity of our Services.

How We Use Cookies on Our Site

Cookies are small data files stored on your device that allow us to track certain activities on our Site, such as user preferences, site usage patterns, and other behaviors. Our Site uses cookies to enhance your browsing experience and make our services more efficient. By doing so, we can optimize your experience and deliver personalized content.

For detailed information about the types of cookies we use, how they function, and how we protect your privacy when using them, please read our Cookie Policy. Our Cookie Policy explains the various types of cookies used and provides instructions on how you can control or disable them if you choose to do so.

How We Use Your Personal Data

Below is an overview of our purposes for using your personal data. All processing and use of your personal data is justified by a legal basis for processing, which includes:

  • Contractual necessity – Processing is required to perform a contract with you (e.g., if you subscribe to our Services) or to take steps at your request (e.g., fulfilling an order or providing product information).

  • Legal compliance – Processing is required to comply with legal obligations, such as maintaining accounting records.

  • Legitimate interests – Processing is necessary for our business activities, provided they do not override your interests and fundamental rights. Our legitimate interests include:

  • Conducting and developing business with subscribers, site users, suppliers, and customers.

  • Using personal data only for purposes that support our business operations.

  • Consent – Processing is based on your explicit consent where required.

We use personal data to:

  • Provide Services you have subscribed for or requested.
  • Send documentation or communications you have requested.
  • Administer and manage purchase or sales agreements with suppliers and customers.
  • Provide after-sales support.
  • Resolve user queries or complaints.
  • Market our Services to individuals whose subscriptions have expired or been canceled.
  • Engage with you regarding events, promotions, the Site, and xCloud products and services.
  • Process, evaluate, and complete transactions related to the Site and xCloud products and services.
  • Improve and develop the Site by analyzing trends, access, and usage for advertising and marketing.
  • Enhance user experience based on tracked interests and target new markets.
  • Ensure the security of the Site, xCloud confidential information, and employees.
  • Manage and investigate fraud, risk exposure, claims, and legal violations.

Functionality Cookies

We also use non-personal and aggregate data to customize our marketing efforts and enhance the overall user experience.

Data Protection Measures at xCloud

We take your privacy and the security of your personal data very seriously. As part of our commitment to safeguarding your information, we ensure that your personal data is not sold, rented, or shared with third parties for any unauthorized purposes. We will not sell, rent, or lease your personal data to third parties under any circumstances.

Disclosure of Personal Data

We may disclose personal data about Site visitors, users of our Services, or our suppliers or customers if, in our sole discretion, we believe that it is reasonable to do so, including:

  • To satisfy any laws, regulations, or governmental or legal requests for such data;
  • To disclose personal data that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies;
  • To protect ourselves, our subscribers, and the general public;
  • To cooperate with law enforcement authorities, private-party litigants, and others seeking information about our end users to the extent required by applicable law. Examples of such cooperation include lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process;
  • To share your personal data with third parties in connection with potential or actual sale of our company or any of our assets, in which case personal data held by us about our users may be one of the transferred assets.
  • To trusted third-party service providers such as Pusher, Userback, FirstPromoter, and others that help us deliver specific features, communications, or integrations within our Services. These providers are contractually obligated to protect your information and may only use it to perform the services they provide to us.

Transfers of Data At xCloud

If you are in the UK or the European Economic Area (“EEA”) (including the European Union (“EU”)) and your personal data is transferred outside the UK or outside of the EEA (as applicable) to other xCloud affiliates or to third party service providers, we will take steps to ensure that your personal data receives the same level of protection as if it remained within the UK or EEA (as applicable).

If we transfer UK data to the EEA, this is covered by the UK’s decision that EEA countries provide adequate protection for personal data. If we transfer EEA data to the UK, this is covered by the EC decision that the UK provides adequate protection for personal data. If we transfer UK or EEA data to other countries, not subject to an equivalent legal adequacy decision, we will take steps to protect your personal data to the same degree. This includes entering into data transfer agreements using any applicable, valid standard contractual clauses (“SCCs”) with our suppliers and other business partners and taking appropriate supplementary safeguards.

You have a right to obtain details of the mechanism under which your personal data is transferred outside of the EEA or UK by contacting [email protected].

What Security Measures Do We Take?

Where lawful to do so, and subject to your consent where required, we may communicate with you by e-mail to tell you about our products and services. If you wish to opt-out of receiving marketing communications, please use the ‘unsubscribe’ link provided in our emails.
If you are a subscriber to our Services, we may send you periodic announcements including the details of our existing and new programs. You may opt out of these announcements by filling out the form at www.xcloud.host/unsubscribe or by clicking the opt-out link at the bottom of these emails. If you opt out of these marketing emails, you may still receive system notices and other information that is specifically related to your subscription account.

How Long Do We Keep Your Data/Information?

We apply a general rule of keeping personal data only for as long as required to fulfill the purposes for which it was collected. In general, we retain your personal data for a period of time corresponding to a statute of limitation, for example to maintain an accurate record of your dealings with us. However, in some circumstances we may retain personal data for other periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.

With respect to marketing, we retain your personal data for 18 months after your last request for service or other contact you initiate.

What are your rights under GDPR to protect your data?

You have the following rights regarding your personal data:

  1. Right to withdraw consent – where applicable, you have the right to withdraw your consent at any time. For example, if you wish to opt-out of receiving electronic marketing communications, you can change your settings in your account on the Site, use the ‘unsubscribe’ link provided in our emails or otherwise contact us directly.
  2. Right of access, rectification and erasure – you have the right to request access to and obtain a copy of any of your personal data that we may hold, to request correction of any inaccurate data relating to you and to request the deletion of your personal data under certain circumstances. You can see and update most of this data yourself online, or by contacting us directly.
  3. Data portability – where we are relying upon your consent, or the fact that the processing is necessary to perform a contract to which you are party or to take steps at your request prior to entering a contract, and the personal data is processed by automatic means, you have the right to receive all such personal data which you have provided us in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.
  4. Right to restriction of processing – you have the right to restrict our processing of your personal data where:
  • you contest the accuracy of the personal data, until we have taken sufficient steps to correct or verify its accuracy;
  • where the processing is unlawful but you do not want us to erase the personal data;
  • where we no longer need your personal data for the purposes of the processing, but you require such personal data for the establishment, exercise or defence of legal claims; or
  • where you have objected to processing justified on legitimate interest grounds, pending verification as to whether we have compelling legitimate grounds to continue processing.

What are your rights under GDPR to protect your data?

Right to object to processing – you have the right to object to our use of your personal data (including profiling) for direct marketing purposes, such as when we use your personal data to invite you to our promotional events.

The Site may contain links to third party sites. Since xCloud does not control nor is responsible for the privacy practices of those Sites, we encourage you to review the privacy policies of these third party sites. This Notice applies solely to personal data collected by our Sites or in the course of our business activities.

xCloud Role Under GDPR

xCloud acts both as a Data Controller and Data Processor:

  • To satisfy any laws, regulations, or governmental or legal requests for such data;
  • As a Data Processor when our customers use xCloud Products and Services to process EU personal data. For example, if any third party’s personal information gets uploaded and processed by an xCloud customer on an xCloud managed server. In this role, we comply with both our customers’ instructions and the legal obligations that apply directly to data processors under the GDPR.

How Do We Handle Changes to This Notice?

We reserve the right to revise, amend, or modify this Notice and our other policies and agreements at any time and in any manner. You should periodically check for any modifications of this Notice by re-visiting this web page and using the ‘refresh’ button on your browser. If the ‘last modified’ date remains unchanged after you have clicked the ‘refresh’ button on your browser, you may presume that no changes have been made since the last reading of the Notice. A changed ‘last modified’ date indicates that this Notice has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.

How Can You Contact Us About Privacy Matters?

If you have any questions in relation to this Notice, wish to exercise any of your rights, or require assistance, please contact us at:

Email: [email protected]

Website: https://xcloud.host/contact/

For data protection concerns, you also have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work or place of alleged infringement, if you consider that the processing of your personal data infringes applicable law.