Moonshark Privacy Policy (Last Revised June 5, 2012)

Moonshark (“Moonshark”) (aka Creative Mobile Labs), its parent and its subsidiaries respect the privacy rights of our visitors and users and are committed to protecting the information collected through its online and mobile products, online and mobile services and websites including, but not limited to Moonshark’s Applications or Apps (together “Services”). Moonshark has adopted this privacy policy (“Privacy Policy”) to explain how Moonshark collects, stores, and uses the information collected in connection with Moonshark’s Services.

BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT INSTALL, USE, REGISTER TO OR OTHERWISE ACCESS THE SERVICES. Moonshark reserves the right to modify this Privacy Policy at reasonable times, so please review it frequently. If modified, Moonshark may post a notice on Moonshark’s website along with the updated Privacy Policy. Your continued use of Services will signify your acceptance of the changes to this Privacy Policy.

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-identified” information, which is data Moonshark collects about the use of Moonshark Services, from which any personally identifiable data has been removed.

Moonshark may use tools or third-party analytical software to automatically collect and use certain non-personal data that does not directly enable Moonshark to identify you. The types of non-personal data Moonshark may collect and use include, but are not limited to: (i) device properties, including, but not limited to unique device identifier or other device identifier (“UDID”); (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) device type; (v) geographical data such as zip code, area code and location; (vi) game score and achievements; (vii) other non-personal data as reasonably required by Moonshark to enhance the Services and other Moonshark products and services.

Moonshark may use and disclose to third-parties the collected non-personal data for purposes of analyzing usage of the Services, advertisement serving, managing and providing the Services and to further develop and improve the Services and other Moonshark services and products.

You recognize and agree that third-parties, such as analytics companies utilized by Moonshark, may combine the information collected with other information they have independently collected from other services or products relating to your activities.

Use of Ad Serving Technology

Moonshark reserves the right to use and disclose the collected non-personal data for purposes of advertisement by Moonshark or third-parties, such as Moonshark’s partners and contractors. Moonshark may employ third-party ad serving technologies that use certain methods to collect information as a result of ad serving through Services. Moonshark 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. Moonshark or third-parties may collect and use data for this purpose including, but not limited to IP address (including for purposes of determining your approximate geographic location), UDID, software, applications, hardware, browser information, website usage information and in-game or App usage information.

The advertising companies who deliver ads for Moonshark may combine the information collected with other information they have independently collected from other services or products. 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 Moonshark takes commercially reasonable steps to instruct such advertising companies to comply with the terms and conditions of this Privacy Policy, Moonshark does not have access to or control of third-party technologies.

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 Moonshark 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 Moonshark’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 Moonshark 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 Moonshark may collect, process and use may include, but are not limited to your name, screen/nick name, user ID, Moonshark Services’ or third-party service ID, e-mail address, phone number, photo or other image, birthdate, gender, address, friend connections, avatar image and other information you may provide to Moonshark.

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

Moonshark may use collected personal data for purposes of analyzing usage of the Services, providing customer and technical support, managing and providing Services (including managing advertisement serving) and to further develop the Services and other Moonshark services and products. Moonshark may combine non-personal data with personal data.

Moonshark may use your personal data to send messages to you with informative and/or commercial content about Moonshark’s services or third-party products and services Moonshark 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, Moonshark 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 Moonshark. 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. Moonshark may associate and/or combine as well as use information collected by Moonshark and/or obtained through such social networking sites in accordance with this Privacy Policy. You should also review how these social networking sites collect and use information pursuant to their own privacy policies.

Disclosure and Transfer of Personal Data

Moonshark collects and processes personal data on a voluntary basis and does not sell your personal data to third-parties. Personal data may, however, occasionally be disclosed in accordance with applicable law and this Privacy Policy. Additionally, Moonshark may disclose personal data to its parent companies and its subsidiaries in accordance with this Privacy Policy.

Moonshark may hire third-parties, such as contractors, to collect and process personal data on Moonshark’s behalf and in such cases such third-parties 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 Moonshark. These third-parties may not use your personal data for their own marketing purposes. Moonshark may use third-party service providers such as e-mail service providers, shipping agents, data analyzers and business intelligence providers. Moonshark has the right to share your personal data as necessary for the aforementioned third-parties to provide their services for Moonshark. Moonshark is not liable for the acts and omissions of these third-parties, except as provided by mandatory law.

Moonshark 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 Moonshark to legal liability. Moonshark may also disclose your personal data to third-parties when Moonshark has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with Moonshark’s rights, property, operations, users or others who may be harmed or may suffer loss or damage, or Moonshark believes that such disclosure is necessary to protect Moonshark’s rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process.

Data Retention and Correctness

Moonshark 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. Moonshark does not verify the correctness of personal data.

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

Cookies, Beacons and Other Data Collection Tracking Technologies

The Services may use “cookies” and other data collection technologies such as pixel tags, clear GIFs and web beacons. Moonshark treats information collected by cookies and similar technologies as non-personal data. Moonshark and third-parties acting on our behalf use these data collection and web technologies to improve the Services, Moonshark also uses this information to collect and analyze information related to your usage and interaction with our Services, for example, device information, browser types, session lengths, frequency of use and other App use history, and page views. You can manually delete HTML cookies and set most browsers to refuse to accept HTML cookies, although doing so may affect your experience with our Services.

E-mails and other electronic communications Moonshark sends to you may contain code that enables Moonshark to track your usage of the communication, including whether the communication was opened and/or what links were followed (if any). Moonshark may combine that information to other information Moonshark has about you and Moonshark may use that information to improve the Services and/or provide customized communications to you.

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 and payment platforms, mobile software platforms, on-line gaming platforms, and social networking services. You recognize and agree that Moonshark is not liable for any such third-party terms and conditions and their use of your personal data.

Moonshark 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 Moonshark. Moonshark 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 Moonshark is linking to those products or services does not constitute our sponsorship of, or affiliation with, those people or companies.

Please note that certain Services that Moonshark 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 Moonshark and you hereby consent to the processing, using, combining, disclosing and retaining of such data in accordance with this Privacy Policy by Moonshark.

Safeguards

Moonshark follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity and privacy of the information in Moonshark’s possession.

Information Practices Concerning Children

It is Moonshark’s policy not to knowingly solicit or permit children under the age of 13 to provide their personal information for any purpose. If Moonshark learns that Moonshark has inadvertently gathered personal data from children under the aforementioned age, Moonshark will take reasonable measures to promptly erase such personal data from Moonshark’s records.

Other information

Please be aware of the open nature of certain social networking and other open features of the Services Moonshark 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. Moonshark is not responsible for any personal data you choose to make public in any of these forums.

Moonshark may disclose your personal data to third-parties in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of Moonshark’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.

Contact Us

Should you wish opt-out from receiving communications (such as newsletters or offers) from Moonshark or have any questions relating to this Privacy Policy, please contact us at info@moonshark.com.

Moonshark makes good faith efforts to enable you to review, update, correct or delete your personal data in Moonshark’s possession. In order to do so, please contact Moonshark at info@moonshark.com. Moonshark 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. Requests will be processed as soon as possible. Please note that even if personal data is changed or deleted according to your request, Moonshark may still retain some of your personal data to resolve disputes, enforce Moonshark user agreement(s), and comply with technical and legal requirements and constraints related to the security, integrity and operation of Moonshark Services.