Privacy Policy
Last updated
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
We use Your Personal Data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
- Account means a unique account created for You to access our Service or parts of our Service.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Merlin Fuchs, Alte Str. 5, 04229 Leipzig, Germany.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Country refers to: Sachsen, Germany.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Discord Data means content and metadata from Discord servers that You choose to process with the Service, such as server settings, channels, roles, messages and attachments contained in backups, chatlogs and synchronizations.
- Personal Data is any information that relates to an identified or identifiable individual.
- Service refers to the Website and the Discord bot operated by the Company.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Website refers to Xenon, accessible from https://app.xenon.bot
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- Discord user ID, username and avatar
- Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Discord Server Data
The Service exists to back up, copy, restore and analyze Discord servers. When You create a backup, a chatlog, a template or a synchronization, We store the Discord Data required for that feature on Our infrastructure, including server settings, channels, roles, permissions, and — where the feature explicitly provides it — messages, message authors and attachments.
Discord Data is processed on Your instruction and on behalf of the server owners and administrators who authorized the Service. It is not sold, and it is not used for advertising. It is retained until You delete the corresponding backup, chatlog or other artifact, or until Your Account is deleted, subject to the retention rules below.
Information from Third-Party Social Media Services
The Company allows You to create an account and log in to use the Service through Discord. If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal Data that is already associated with Your Third-Party Social Media Service’s account, such as Your name, Your email address and Your activities associated with that account.
You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service’s account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.
Cookies and Local Storage
We use one strictly necessary Cookie. It is set when You log in, holds Your session identifier, is administered by Us, is marked HttpOnly so it cannot be read by scripts, and expires after a fixed period or when You log out. Without it You cannot stay signed in.
We do not use advertising, analytics or tracking Cookies, and We do not embed third-party tracking pixels or web beacons in the Website.
The Website also stores small amounts of data in Your browser’s local storage to remember interface preferences such as Your chosen colour theme. This data never leaves Your Device and is not sent to Us.
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 or other equivalent forms of electronic communication regarding updates or informative communications related to the functionalities, products or contracted services, including security updates, when necessary or reasonable for their implementation.
- 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, 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 and to evaluate and improve our Service, products, services 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 operate, monitor and analyze the Service, to process payments and to contact You. This includes Our payment provider, Paddle, which acts as Merchant of Record for purchases made through the Service and processes the billing data required to complete Your order.
- 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.
- With other users of Your workspace: information such as Your Discord username, avatar and the actions You take within a workspace may be visible to other members of that workspace, for example in the audit log.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Legal Bases for Processing
If You are located in the European Economic Area or the United Kingdom, We process Your Personal Data on the following legal bases under Article 6(1) of the General Data Protection Regulation:
- Performance of a contract (Art. 6(1)(b)): creating and operating Your Account, providing the features You use — including creating, storing and restoring backups, chatlogs, templates and synchronizations — and delivering and billing the Subscription You purchased.
- Legitimate interests (Art. 6(1)(f)): keeping the Service secure and available, preventing abuse and fraud, debugging errors, understanding aggregate usage in order to improve the Service, and defending legal claims. You may object to processing based on this ground as described below.
- Legal obligation (Art. 6(1)(c)): retaining transaction and tax records and responding to lawful requests from public authorities.
- Consent (Art. 6(1)(a)): any processing We ask You to agree to separately, such as optional product emails. You may withdraw consent at any time, without affecting processing carried out before the withdrawal.
Service Providers We Use
We rely on the following categories of processors, each bound by a data processing agreement and permitted to use Your data only on Our instructions:
- Discord — identity provider for login and the platform the Service operates on. Your use of Discord is governed by Discord’s own privacy policy.
- Paddle — payment provider and Merchant of Record. Paddle collects and processes the billing and tax data required to complete Your order and acts as an independent controller for that data.
- Hosting and infrastructure providers — operate the servers, databases and object storage on which the Service and Your Discord Data reside.
- Logging and error monitoring providers — receive application logs and diagnostic telemetry, which may include IP addresses and account identifiers.
Your Rights Under the GDPR
If You are located in the European Economic Area or the United Kingdom, You have the following rights in relation to Your Personal Data:
- Access (Art. 15): to obtain confirmation of whether We process Your Personal Data and a copy of it.
- Rectification (Art. 16): to have inaccurate data corrected and incomplete data completed.
- Erasure (Art. 17): to have Your Personal Data deleted where one of the grounds in the GDPR applies.
- Restriction (Art. 18): to have Our processing restricted in certain circumstances, for example while We verify the accuracy of contested data.
- Data portability (Art. 20): to receive the data You provided to Us in a structured, commonly used, machine-readable format and to have it transmitted to another controller.
- Objection (Art. 21): to object at any time to processing based on Our legitimate interests, and at any time and without reason to processing for direct marketing.
- Withdrawal of consent (Art. 7(3)): to withdraw any consent You have given, at any time.
To exercise any of these rights, contact Us at contact@xenon.bot. We respond within one month of receiving Your request, and may extend that period by two further months for complex requests, in which case We will tell You why.
You also have the right to lodge a complaint with a data protection supervisory authority, in particular in the Member State of Your residence or place of work. Our lead supervisory authority is the Saxon Data Protection Officer (Sächsische Datenschutzbeauftragte, Devrientstraße 5, 01067 Dresden, Germany).
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
In practice We apply the following criteria:
- Account data is retained for as long as Your Account exists and is deleted once You ask Us to close it, except where a longer statutory period applies.
- Discord Data — backups, chatlogs, templates and similar artifacts — is retained until You delete the artifact, until it is superseded by the retention limits of Your plan, or until Your Account is closed.
- Usage Data and application logs are retained for a short period for security, debugging and abuse prevention, and then deleted or aggregated so that they no longer identify You.
- Transaction records are retained for as long as German commercial and tax law requires, which is generally up to ten years.
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.
Where Personal Data is transferred outside the European Economic Area, We only do so if the destination country is covered by an adequacy decision of the European Commission, or if the transfer is governed by the European Commission’s Standard Contractual Clauses together with any additional safeguards the transfer requires. You may request a copy of the safeguards We rely on by contacting Us.
Delete Your Personal Data
You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.
Our Service gives You the ability to delete backups, chatlogs, templates and other artifacts from within the Service. To close Your Account and have the Personal Data associated with it erased, contact Us at contact@xenon.bot. You may also contact Us to request access to or correction of any personal information that You have provided to Us.
Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.
Disclosure of Your Personal Data
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.
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).
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
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Children’s Privacy
The Service requires a Discord account and is therefore not directed at anyone below the minimum age Discord requires in Your country, which is 13 in most countries and higher in some. Purchases may only be made by users who are 18 or older, or by a parent or guardian on a minor’s behalf, as set out in Our Terms of Service.
Where We rely on consent as the legal basis for processing and Your country sets a higher age for a child to consent on their own — 16 in Germany under Art. 8 GDPR — We require the consent of the holder of parental responsibility.
We do not knowingly collect Personal Data from children below the applicable age without that consent. If You are a parent or guardian and believe Your child has provided Us with Personal Data, contact Us at contact@xenon.bot and We will remove it from Our servers.
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.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page and updating the “Last updated” date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us by email: contact@xenon.bot