This
Privacy Policy describes the privacy practices of Orcinus Orca (“XM,”
“we,” “us” or “our”) for the mobile games, apps, services, features,
content, or any portion thereof, owned, controlled, or made available by
Orcinus (collectively, with the Site, the “Services”). This Privacy
Policy governs our collection of information from you (“you,” “your” or a
“user”) through your use of the Services. It does not apply to any
information you may provide to us through other means; for example, via
mail or via telephone. Please read this Privacy Policy carefully so that
you understand our online privacy practices. By visiting or using the
Services, you agree that your visit or use, and any dispute over our
online privacy practices, is governed by this Privacy Policy and our
Terms of Service.
TYPES OF INFORMATION WE COLLECT.
The
information we gather falls into two categories: (a) information
voluntarily supplied by users to the Services; and (b) tracking
information gathered as users use or navigate through the Services.
1.1 Information You Provide to Us.
We
may collect and store information, personal or otherwise, that you
voluntarily supply while using the Services. Some examples of this type
of information include demographic information and personal information
(such as your name, address, or email address) that you electronically
submit when you contact us from the Services. If you want to keep the
information in your message private or proprietary, please do not send
such information to us. The information you provide to us may include,
without limitation:
Information that you provide to us when
you register for an account, such as your name, address, phone number,
usernames or IDs, birthdate, and email address;
Information
that you provide to us and/or our third party service providers when you
purchase a mobile, app, game, in-app or in-game purchases, products or
services, such as payment card, billing and delivery information;
Information
that you provide to us and/or our third party service providers if you
participate in a sweepstakes, contest, rewards program, or other
promotion;
Information that you provide if you use the
Services to upload, share, or communicate any content or information,
including photos, images, videos, text, social network accounts, or
other personal information that you may include about yourself or
others;
Information that you publicly post via social media
networks, forums, blogs, message boards, chat rooms or similar
functionality is public information that we, or others, may share or use
in accordance with the law;
Information that you provide when you submit and/or sell assets or content via the Services;
Information
that you provide if you email, phone, contact or communicate with us or
our third party service providers, such as your email address or phone
number.
1.2 Tracking Information.
We
also may collect and store information that is generated automatically
as you navigate through the Services. For example, to help make the
Services more responsive to the needs of users, we employ a standard
feature of browser software, called a “cookie,” to assign each user a
unique, random number that resides on a user’s computer. The cookie does
not personally identify the user; it merely identifies the computer
with which the user accesses the Services. However, if a user
voluntarily identifies himself or herself (through registration, for
example), the Services may be able to ascertain the identity of the user
through a cookie assigned to an identified user’s computer. The only
personal information a cookie can refer to is information supplied by a
user. By showing how and when visitors use the Services, cookies help us
track user trends and patterns. We also may use web beacons and other
methods to access cookies and to count users who visit the Services or
open our HTML-formatted email messages. The Services’ servers
automatically collect limited information about your computer’s
connection to the Internet, including your IP address. The IP address is
a number that lets computers attached to the Internet know where to
send data — such as the web pages users view. An IP address does not
personally identify a user. We use this information to deliver the
Services’ content to you upon request and to measure traffic within the
Services.
We may use cookies, web beacons and similar
technologies to collect non-personally identifiable information about
users of the Services and about activity that occurs within the
Services, and we may use this information to, among other things, serve
targeted offers on the Services. The information collected allows us to
analyze how users use the Services and to track user interests, trends
and patterns.
1.3 Third Party Tracking.
In
addition to first party cookies and/or other first party identifiers
described herein, we also may use third party tracking and analytics
services and the companies providing such services may use their own
cookies, web beacons and similar technologies. The collection and use of
information by these companies is governed by the relevant third
party’s privacy policy and is not covered by this Privacy Policy. We do
not have access to cookies that may be placed on your computer by third
party technology, servers or networks.
1.4 iOS and Android Platforms
When
you use any of our games or applications on a mobile platform, we may
collect and record certain information such as your unique device ID
(persistent / non-persistent), hardware type, media access control
(“MAC”) address, international mobile equipment identity (“IMEI”), the
version of your operating system (“OS”), your device name, your email
address (if you have logged in using your email address), and your
location (based on your Internet Protocol (“IP”) address). This
information is useful to us for troubleshooting and helps us understand
usage trends.
1.5 Game Data.
Whenever
you use one of Orcinus Orca’s games or applications on a mobile
platform, we collect data about your interactions with the game or
application and with the other users via server, mobile app, or game log
files. In addition, we create a unique user ID to track your use of
our Services. This unique user ID is stored in connection with your
profile information to track the games, applications or Services you are
using. This information may be associated with your player ID, IP
address or device ID for the purpose of providing you our Services and
improving them.
1.6 Diagnostic Data.
We,
or our third party service providers, may collect, analyze, and store
information about crashes and errors in the Services (“Error Data”).
This contains information about how and why the Services crashed on your
device or system. Error Data may include diagnostic information to help
us reproduce and resolve errors in the Services (“Diagnostic Data”).
Diagnostic Data may contain information about users of the Services.
1.7 Location Information.
When
you access or use the Services, or any portion thereof, we may collect
physical location information that is sufficiently precise to allow us
to locate a specific person or device
(“Location
Information”). We only collect Location Information with your permission
(e.g., such as when you agree to provide it to us after you initially
access or use the Services). We may use Location Information and provide
it to third parties to provide you with content and services that are
relevant to a particular location, such as advertising, search results,
dealers in the area, and directions. We may collect your Location
Information for the purpose of providing you with the
correct
version of the application. If you no longer wish to allow us to track
or use this information, you may turn it off at the device level.
1.8 Do Not Track Disclosures.
We
may also use tracking technologies to collect information about your
visits over time and across third party websites or other online
services. If you would like more information about this practice and to
know your choices about not having this information used by these
companies and to opt-out of most third party tracking, you may go to:
http://www.networkadvertising.org/choices or http://www.aboutads.info/choices/
By
default most browsers are setup to accept cookies. You may set your web
browser to disable cookies; however, doing so may render you unable to
take advantage of the personalized features enjoyed by other users of
the Services. Some browsers include a feature, sometimes termed
“Private
Browsing” or “Incognito,” requesting that a website visited by that
browser not set and store permanent cookies (collectively, “Do Not
Track” features). Certain functionality of the Services may be limited
by use of Do Not Track features. By continuing to use the features of
the Services and accepting cookies you recognize that you have a choice
to disable cookies and you consent to their use as described in this
Privacy Policy.
USE, DISCLOSURE AND RETENTION OF INFORMATION.
We
use the information we collect in a variety of ways, including using
the information to customize features and content that appear on the
Services. You agree that we may use your information to contact you for
customer service purposes, to inform you of important changes or
additions to the Services or the services offered over the Services, and
to send you administrative notices, offers and any other communications
that we believe may be of interest to you.
We may share non-financial information in accordance with this Privacy Policy.
Please
be aware that we may occasionally release information about users when
release is appropriate to comply with law, to enforce our Terms of
Service or to protect the rights, property or safety of other users of
the Services, the public or us.
Please also note that, in the
unlikely event that Orcinus Orca, or some or all of our assets, or the
Services are acquired by another company, information about our users
may be among the transferred assets.
We will retain and use
your information as necessary to comply with our legal obligations,
resolve disputes, and enforce our agreements.
THIRD PARTIES AND OTHER SHARING OF INFORMATION.
3.1 Third Party Links.
The
Services includes links to third party websites whose privacy policies
we do not control. Once you leave the Services, any information you
provide at another site will be governed by the privacy policy of the
operator of the site you are visiting. The privacy policies of third
party websites may differ from ours.
3.2 Social Networks.
The
Services may include features that connect with social networks. These
social networks may collect information, such as your IP address, or
which page you are visiting on the Services, and may set a cookie to
enable the features to function properly. The social network providing
the features on the Services may be able to collect information about
you, even if you don’t use those features. To control this sharing of
information, please review the privacy policy of the relevant social
network.
Please also keep in mind that whenever you
voluntarily make your personal information available for viewing by
third parties online — for example through email or by you choosing to
share your information with users of social networks (e.g., VK,
Facebook, Twitter or Pinterest) — that information can be seen,
collected and used by others besides Orcinus Orca. We cannot be
responsible for any unauthorized third party use of such information.
3.3 Promotions and Sweepstakes.
Promotions
or sweepstakes offered on the Services may be sponsored by unaffiliated
third parties. Information that you provide as part of an entry into a
promotion or sweepstakes sponsored by an unaffiliated third party will
be shared with the sponsor. You should carefully review the official
rules of each promotion or sweepstakes that you enter as they may
contain additional important information about the use of your personal
information.
3.4 Service Providers.
We
engage service providers to perform functions and provide services to
us or on our behalf. We may share your private personal information with
such service providers subject to obligations consistent with this
Privacy Policy and any other appropriate confidentiality and security
measures, and on the condition that the third parties use your private
personal data only on our behalf and pursuant to our instructions.
3.5 Payment Information.
If
you provide payment information for any services on the Services, we
will share your payment information with payment services providers to
process payments; prevent, detect and investigate fraud or other
prohibited activities; facilitate dispute resolution such as chargebacks
or refunds; and for other purposes associated with the acceptance of
credit or debit cards.
3.6 Invite a Friend.
3.7 Push Notifications.
We
may occasionally send you push notifications through the Services to
send you updates, high scores and other service related notifications
that may be of importance to you. You may at any time opt-out from
receiving these types of communications by turning them off at the
device level through your settings.
3.8 Google
Analytics. We use Google Analytics (“Google Analytics”), a web analytics
service provided by Google Inc. (“Google”), including Google Analytics
Demographics and Interest Reporting features. Google Analytics
uses “cookies.” The information generated by the cookies about your use of the Site
(including
your IP address) will be transmitted to and stored by Google on servers
in the United States. Google will use this information for the purpose
of evaluating your use of the Site, compiling reports on website
activity for website operators and providing other services relating to
website activity and internet usage. Google may also transfer this
information to third parties where required to do so by law, or where
such third parties process the information on Google’s behalf. Google
will not associate your IP address with any other data held by Google.
You may refuse the use of cookies by selecting the appropriate settings
on your browser, however, please note that if you do this, you may not
be able to use the full functionality of the Site. By using the Site,
you consent to the processing of data about you by Google in the manner
and for the purposes set out above. If you would like more information
about how to opt out of Google Analytics, please click here.
TRANSFER AND STORAGE OF INFORMATION.
We
use reasonable physical, technical, and administrative measures to
safeguard your information against loss, theft and unauthorized use,
disclosure, or modification. We also take steps to ensure that only
those employees, agents, and contractors who have a legitimate business
reason to obtain access to your information are granted access. However,
as effective as the reasonable security measures we implement may be,
no security system is impenetrable. We cannot guarantee the security of
our systems, nor can we guarantee that information supplied will not be
intercepted while being transmitted over the Internet.
CHANGES TO THIS POLICY.
The Internet and relevant state and federal law is always evolving. If we need to change this
Privacy
Policy at some point in the future, we will post the modified Privacy
Policy on the Services and update the Effective Date of the policy to
reflect the date of the changes. By continuing to use the Services after
the Effective Date of any such changes, you accept the Privacy Policy
as modified.
CHILDREN UNDER 13 YEARS OF AGE.
The Services are not directed to children. You must be 13 years and older to register to use the
Services.
As a result, we do not knowingly collect information from children
under the age of 13. If we learn that information has been collected
from a child under the age of 13, we will delete that information as
quickly as possible. We recommend that minors between the ages of 13 and
18 ask and receive their parents’ permission before using the Services
or sending information about themselves or anyone else over the
Internet.
NO RIGHTS OF THIRD PARTIES.
This Privacy Policy does not create rights enforceable by third parties.
