Last updated: 1 Novelber 2012

Five Docks Privacy Policy

Five Docks (“Five Docks”) has adopted this privacy policy (“Privacy Policy”) to explain how Five Docks collects, stores, and uses the information collected in connection with Five Docks’s products, services and websites including, but not limited to Five Docks’s Penny Can game and future games as well as Five Docks’s on-line stores (together “Services”).

Should you have any questions relating to this Privacy Policy, please contact us at contact[a]fivedocks.com.

BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY AND GIVE AN EXPLICIT AND INFORMED CONSENT TO THE PROCESSING, USE AND DISCLOSURE OF YOUR PERSONAL DATA IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT INSTALL, USE, REGISTER TO OR OTHERWISE ACCESS THE SERVICES. Five Docks reserves the right to modify this Privacy Policy at reasonable times, so please review it frequently. Your continued use of Services will signify your acceptance of the changes to this Privacy Policy.

1. Non-personal data

For purposes of this Privacy Policy, “non-personal data” means information that does not directly identify you. Additionally, non-personal data means “aggregate” and “de-personalized” information, which is data Five Docks collects about the use of Five Docks Services, from which any personally identifiable data has been removed.

Five Docks may use tools or third party analytical software to automatically collect and use certain non-personal data that does not directly enable Five Docks to identify you. The types of non-personal data Five Docks may collect and use include, but are not limited to: (i) device properties, including, but not limited to IP address, Media Access Control (“MAC”) address and unique device identifier or other persistent or non-persistent device identifier (“Device ID”); (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data such as zip code, area code and coarse location; (v) game progress, time used playing, score and achievements; (vi) other non-personal data as reasonably required by Five Docks to enhance the Services and other Five Docks products and services.

Five Docks may use Flurry analytics tool in order to develop and analyze use of the Services. If you wish to opt-out from Flurry analytics, please follow this link:http://www.flurry.com/resources/privacy.html.

Five Docks may use and disclose to Five Docks’s partners and contractors the collected non-personal data for purposes of analyzing usage of the Services, advertisement serving, managing and providing the Services and to further develop the Services and other Five Docks services and products.

You recognize and agree that the analytics companies utilized by Five Docks may combine the information collected with other information they have independently collected from other services or products relating to your activities. These companies collect and use information under their own privacy policies.

Five Docks may supplement your personal and non-personal data with data received from third parties in connection with demographic, advertisement, market and other analytics surveys or services.

2. Ad Serving Technology

Five Docks reserves the right to use and disclose the collected non-personal data for purposes of advertisement by Five Docks or Five Docks’s partners and contractors. Five Docks may employ third party ad serving technologies that use certain methods to collect information as a result of ad serving through Services. Five Docks or third parties operating the ad serving technology may use demographic and location information as well as information logged from your hardware or device to ensure that appropriate advertising is presented within the Service. Five Docks or third parties may collect and use data for this purpose including, but not limited to IP address (including but not limited to for purposes of determining your coarse location), Device ID, MAC, software, applications, hardware, browser information, internet and on-line usage information and in-game information. The foregoing data may be used and disclosed in accordance with this Privacy Policy and the privacy policy of the company providing the ad serving technology.

You recognize and agree that the advertising companies who deliver ads for Five Docks may combine the information collected with other information they have independently collected from other services or products. These companies collect and use information under their own privacy policies. These ad serving technologies are integrated into Services; if you do not want to be subject to this technology, do not use or access Services. Although Five Docks takes commercially reasonable steps to instruct such advertising companies to comply with the terms and conditions of this Privacy Policy, Five Docks does not have access to or control of third party technologies.

Five Docks may display to you behaviorally targeted advertising. If you wish to “opt out” of certain targeted advertising, please visit http://www.youradchoices.comand/or www.networkadvertising.org. Please note that the links above may not reach all Five Docks’s advertising partners and certain behaviorally targeted advertising may still be displayed to you. If you want to be certain that no behaviorally targeted advertisements are not displayed to you, please do not use or access the Services. Additionally please note that if you “opt out” it does not mean that you will no longer receive advertising. It just means that the advertising you see displayed will not be customized to you and your interests and may be less relevant to you.

3. Location Data

To the extent Five Docks makes location enabled Services available and you use such Services, Five Docks may collect and process your location data to provide location related Services and advertisements. For example, some add-ons or offers may be available at dedicated locations. Five Docks may use various technologies to determine location, such as GPS, Wi-Fi or other network-based data such as IP address. Your GPS geo-location is not accessed without your consent. Notwithstanding Five Docks’s partners who are providing location related parts of the Service, Five Docks will not share your GPS geo-location with third parties without your consent. To the extent Five Docks makes available GPS geo-location to third parties in accordance with this Privacy Policy, it will be provided anonymously. Please note that Five Docks may share your anonymous coarse location with its partners.

4. Personal Data

For purposes of this Privacy Policy, “personal data” means personally identifiable information that specifically identifies you as an individual.

Likely situations when you make personal data available to Five Docks include, but are not limited to: (i) registration for Services, contests and special events; (ii) accessing Services using a third party ID, such as social networking sites or gaming services; (iii) subscribing to newsletters; (iv) purchasing a product or services through Five Docks’s online stores; (v) using “tell a friend,” “email this page,” or other similar features; (vi) requesting technical support; and (vii) otherwise through use of Five Docks Services where personal data is required for use and/or participation.

The types of personal data may vary depending on the type of activity you are engaged in. The personal data Five Docks may collect, process and use may include, but are not limited to your name, screen/nick name, Five Docks Services’ or third party service ID, e-mail address, phone number, photo or other image, birthdate, sex, address, friend connections, avatar image, credit card information, shipping information; and location (only if directly identifiable to you, otherwise Five Docks treats location as non-personal data).

If you choose to use Five Docks’s “tell a friend” or a similar service about Five Docks Services or order a gift certificate for your friend, Five Docks may store your friend’s name and contact details that you provide to Five Docks.

Five Docks may use personal and non-personal data, both individually and combined together, for purposes of analyzing usage of the Services, providing customer and technical support, managing and providing Services (including managing advertisement serving), customizing Five Docks’s communications and to further develop the Services and other Five Docks services and products. Five Docks may combine non-personal data with personal data.

Five Docks may use your personal data to send messages to you with informative and/or commercial content about Five Docks’s services or third party products and services Five Docks thinks may be of interest to you, such as new features and services, special offers and updated information.

Please note that certain features of the Services may be able to connect to your social networking sites to obtain additional information about you. In such cases, Five Docks may be able to collect certain information from your social networking profile when your social networking site permits it, and when you consent to allow your social networking site to make that information available to Five Docks. This information may include, but is not limited to, your name, profile picture, gender, user ID, email address, your country, your language, your time zone, the organizations and links on your profile page, the names and profile pictures of your social networking site “friends” and other information you have included in your social networking site profile. Five Docks may associate and/or combine as well as use information collected by Five Docks and/or obtained through such social networking sites in accordance with this Privacy Policy.

5. Disclosure and Transfer of Personal Data

Personal data may be disclosed in accordance with applicable legislation and this Privacy Policy. Additionally, Five Docks may disclose personal data to its parent companies and its subsidiaries in accordance with this Privacy Policy.

Five Docks may hire agents and contractors to collect and process personal data on Five Docks’s behalf and in such cases such agents and contractors will be instructed to comply with our Privacy Policy and to use personal data only for the purposes for which the third party has been engaged by Five Docks. These agents and contractors may not use your personal data for their own marketing purposes. Five Docks may use third party service providers such as credit card processors, e-mail service providers, shipping agents, data analyzers and business intelligence providers. Five Docks has the right to share your personal data as necessary for the aforementioned third parties to provide their services for Five Docks. Five Docks is not liable for the acts and omissions of these third parties, except as provided by mandatory law.

Five Docks may disclose your personal data to third parties as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or Five Docks to legal liability. Five Docks may also disclose your personal data to third parties when Five Docks has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with Five Docks’s rights, property, operations, users or others who may be harmed or may suffer loss or damage, or Five Docks believes that such disclosure is necessary to protect Five Docks’s rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Five Docks. To the extent permitted by applicable law, Five Docks will make reasonable efforts to notify you of such disclosure through Five Docks’s website or in another reasonable manner.

6. Data Retention and Correctness

Five Docks retains the data collected pursuant to this Privacy Policy for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Thereafter if the collected data is no longer needed for purposes specified in this Privacy Policy, Five Docks deletes all aforementioned data in its possession within a reasonable timeframe. Five Docks does not verify the correctness of personal data.

Irrespective of the above, Five Docks may still retain some of the data to the extent such retention is necessary to resolve disputes, enforce Five Docks user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of Services.

7. Cookies, beacons and tracking

The Services may use “cookies” and other technologies such as pixel tags, locally shared objects, clear GIFs and web beacons. Five Docks treats information collected by cookies and similar technologies as non-personal data.

Cookies: A “cookie” is a small bit of record-keeping information that websites often store on a user’s computer. Five Docks’s cookies do not include personal data and are typically used to quickly identify your device and to “remember” you. You can disable cookies or set your browser to alert you when cookies are being sent to your device; however, disabling cookies may affect your ability to use the Services.

Flash cookies & HTML5: Five Docks may also use Flash cookies (locally shared objects) and HTML5 storage (locally stored objects). Locally shared objects are small files similar to browser cookies and are used to remember your settings to personalize the look and feel of the Services. Locally shared objects only collect data in the aggregate. You may prevent locally shared objects from being placed by disabling locally stored objects in your browser or visit www.adobe.com. Locally stored objects, such as HTML5 Web Storage, are used for similar purposes as cookies but typically may contain a greater amount and different types of data than browser cookies.

Web Beacons and pixel tags: A “web beacon” or a “pixel tag” is an electronic image that allows Five Docks to count users who have visited certain pages or viewed certain advertisements. Web beacons, like cookies, do not include personal data. E-mails and other electronic communications Five Docks sends to you may contain pixel tags that enable Five Docks to track your usage of the communication, including whether the communication was opened and/or what links were followed, if any.

8. Third Party Terms and Conditions

Please note that your access to and use of the Services may be subject to certain third party terms and conditions and privacy policies, including but not limited to application stores, map data providers, mobile software platforms, on-line gaming platforms, social networking services and payment providers. You recognize and agree that Five Docks is not liable for any such third party terms and conditions and their use of your personal data.

Five Docks may in its discretion make available links through advertisements or otherwise enable you to access third party products or services. Please note that, while using such products or services, you are using products or services developed and administered by people or companies not affiliated with or controlled by Five Docks. Five Docks is not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them, or any products or services they may offer. The fact that Five Docks is linking to those products or services does not constitute our sponsorship of, or affiliation with, those people or companies.

Five Docks may from time to time make available Five Docks’s partners’ services, such as sweepstakes or polls and such services may require you to disclose personal data in order to register for and access such services. Such services will reasonably identify the partners at the point of where you are required to disclose personal data. If you at that point choose to disclose your personal data, such personal data may be transferred directly or via Five Docks to such third parties and will be subject to the privacy policy and practices of such third parties. Five Docks is not responsible for the privacy practices and policies of such third parties and, therefore, you should review the privacy practices and policies of such third parties prior disclosing any personal data in relation to such services.

Please note that certain Services that Five Docks may offer, such as multiplayer gaming, social networking and gaming console services, may use third party services to provide authentication for the Services with a gaming console ID, social networking ID or gaming network account. When you register to join or use the Services from a third-party gaming or social networking system, certain personally identifiable user and/or membership data may be transferred automatically to and from Five Docks and you hereby consent to the processing, using, combining, disclosing and retaining of such data in accordance with this Privacy Policy by Five Docks.

9. Safeguards

Five Docks follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity and privacy of the information in Five Docks’s possession. Only those persons with a need to process your personal data in connection with the fulfillment of their tasks in accordance with the purposes of this Privacy Policy and for the purposes of performing technical maintenance, have access to your personal data in Five Docks’s possession. Personal data collected by Five Docks is stored in secure operating environments that are not available to the public. To prevent unauthorized on-line access to personal data, Five Docks maintains personal data behind a firewall-protected server. However, no system can be 100% secure and there is the possibility that despite Five Docks’s reasonable efforts, there could be unauthorized access to your personal data. By using the Services, you assume this risk.

10. Other

Please be aware of the open nature of certain social networking and other open features of the Services Five Docks may make available to you. You may choose to disclose data about yourself in the course of contributing user generated content to the Services. Any data that you disclose in any of these forums, blogs, chats or the like is public information, and there is no expectation of privacy or confidentiality. Five Docks is not responsible for any personal data you choose to make public in any of these forums.

If you are under 13 years of age or a minor in your country of residence, please ask your legal guardian’s permission to use or access the Services. Five Docks encourages parents and/or guardians to play an active role in their children’s online experience at all times. Five Docks does not knowingly collect any personal information from children under 13 years of age and if Five Docks learns that Five Docks has inadvertently gathered personal data from children under 13 years of age, Five Docks will take reasonable measures to promptly erase such personal data from Five Docks’s records.

Five Docks may store and/or transfer your personal data to its affiliates and partners in and outside of EU/EEA member states and the United States in accordance with mandatory legislation and this Privacy Policy. Five Docks may disclose your personal data to third parties in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of Five Docks’s stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process provided, however, that this Privacy Policy shall continue to govern such personal data.

11. Further information

Pursuant to Australian Law, the data controller is Five Docks, address Collins St, Melbourne, Australia. The name of the personal data file is “Five Docks Services’ Data File”. Any and all use of your personal data by Five Docks is governed by Australian law and not the laws where you may be located.

Should you wish opt-out from receiving communications (such as newsletters or offers) from Five Docks, please contact unsubscribe[a]fivedocks.com.

Five Docks makes good faith efforts to enable you to review, update or correct your personal data in Five Docks’s possession. In order to do so, please contact Five Docks at contact[a]fivedocks.com. Five Docks will need sufficient information from you to establish your identity and to verify your access request, and also to assist us in handling your request. Please note that even if personal data is changed or deleted according to your request, Five Docks may still retain some of your personal data to resolve disputes, enforce Five Docks user agreement(s), and comply with technical and legal requirements and constraints related to the security, integrity and operation of Five Docks Services.

Five Docks regularly reviews its compliance with this Privacy Policy. If Five Docks receives a formal written complaint from you, Five Docks will attempt to contact you directly to address any of your concerns. Five Docks will cooperate with the appropriate governmental authorities, including data protection authorities, to resolve any complaints regarding the collection, use, transfer or disclosure of personal data that cannot be amicably resolved between you and Five Docks. Any dispute, controversy or claim arising out of or relating to this Privacy Policy or the breach, termination or validity thereof shall be finally settled at Five Docks’s discretion (i) at your domicile’s competent courts; or (ii) by arbitration in accordance with the Rules for Expedited Arbitration of the Arbitration Institute of the Australian Chamber of Commerce. The arbitration shall be conducted in Melbourne, Australia, in the English language. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST FIVE DOCKS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.