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We understand that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through our game ‘Down in Bermuda’ or interaction with our customer support team via email or our website - (Services). In this Privacy Policy we, us or our means Yak & Co Pty Ltd ACN 166 476 946. 

Please note: We also have a separate privacy policy for our game ‘Agent A’, available here.

Personal information 

Personal information:

The types of personal information we may collect about you include:

When you use our game ‘Down in Bermuda' we collect your personal information to provide the game to you, to improve the game and to process In-App Purchases, including:

  • details of the device model on which you play the game; 

  • your language choice;

  • statistics and reporting data on your game use;

  • your credit card or other payment details (solely through third party payment processors); 

  • usage data on your use of the game; and

  • any other personal information collected by Unity for analytics purposes. You can view Unity’s privacy policy here:

If you sign up for our newsletter, contact us with an enquiry or support request, we collect personal information to respond to your enquiry or request, including:

  • your name;

  • your contact details, including email address and/or telephone number; and

  • information you provide to us through your enquiry or support request.

If you use our website, we collect personal information, including:

  • your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour; and

  • information about your access and use of our Services, including through the use of Internet cookies, your communications with our online Services, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.

We may also collect any other personal information we otherwise request and/or which is otherwise provided to us. We may collect these types of personal information directly from you or from third parties.

Collection and use of personal information

We may collect, hold, use and disclose personal information for the following purposes:

  • to enable you to access and use our Services and any associated applications;

  • to contact and communicate with you in response to any enquiry or support request you make;

  • to send our newsletter where you have signed up for this;

  • to process any upgrade requests;

  • for internal record keeping, administrative purposes, invoicing and billing purposes;

  • for analytics, including to operate and improve our Services;

  • for advertising and marketing, including to send you promotional information about our products and services and information that we consider may be of interest to you;

  • to comply with our legal obligations and resolve any disputes that we may have; and

  • if you have applied for employment with us; to consider your employment application.

Disclosure of personal information to third parties

We may disclose personal information to:

  • third party service providers for the purpose of enabling them to assist us in providing our Services to you, including (without limitation and where applicable to your use):

    • Apple;

    • Google;

    • Unity;

    • Amazon;

    • Microsoft;

    • Valve;

    • Sony;

    • Nintendo;

    • IT service providers;

    • data storage, web-hosting and server providers;

    • professional advisors (such as our lawyers); and 

    • payment processors;

  • our employees, contractors and/or related entities;

  • anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;

  • courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; and

  • third parties to collect and process data, such as Unity or other relevant businesses. This may include parties that store data outside of Australia.

List of third parties:

Upon written request, we will provide you with a list of the third parties we use to process your personal information.

Overseas disclosure: 
  • For Australian users: Where the disclosure of your personal information is solely subject to Australian privacy laws, you acknowledge that some third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act and if any such third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act. 

  • For all other users: The countries to which we send data for the purposes listed above may not have the same data protection laws as the country in which you initially provided the information. If we transfer your personal information to third parties in other countries: (i) we will perform those transfers in accordance with the requirements of applicable law; and (ii) we will protect the transferred personal information in accordance with this Privacy Policy. 

How we treat personal information that is also sensitive information

Unless otherwise required or authorised by law, we will not collect sensitive information or special categories of data about you without first obtaining your consent.

How we process personal information 

We will rely on performing a contract and/or support of internal operations of the game, to process your personal information (this includes personal information of children) where we are preparing to enter into a contract with you or we are carrying out our obligations under a contract with you to provide the game to you and assist with any support requests. 

Where we are collecting personal information (this includes personal information of children) to provide the game or our website, which is not strictly necessary to the functionality of the game or the website but which may improve your experience, such as to collect analytics on game use, we will process your personal information for our legitimate interest and/or to support internal operations of the game. Where we process your personal information on the basis of our legitimate interests you have the right to object. You may object to analytics being collected from the game, via the privacy button within the game settings which take you to a Unity run page and allow you to opt-out and exercise other privacy rights.

If we need to rely on consent, we will ask you for consent to process any of your personal information for that specific purpose before we process your personal information for that reason. For example, to send our newsletter to you. If you are under 16 years of age, we will ask for your parent or legal guardian’s consent on your behalf. 

We will rely on a legal obligation to process your personal information where we are subject to a legal obligation.

Our commitment to you 

Your personal information will: 

  • be processed lawfully, fairly and in a transparent manner by us; 

  • only be collected for the specific purposes we have identified in the ‘collection and use of personal information’ clause above and personal information will not be further processed in a manner that is incompatible with the purposes we have identified;

  • be collected in a way that is adequate, relevant and limited to what is necessary in relation to the purpose for which the personal information is processed; 

  • be kept up to date, where it is possible and within our control to do so (please let us know if you would like us to correct any of your personal information);

  • be kept in a form which permits us to identify you, but only for so long as necessary for the purposes for which the personal information was collected; and

  • be processed securely and in a way that protects against unauthorised or unlawful processing and against accidental loss, destruction or damage. 

Your rights and controlling your personal information

Your choice:

Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of our Services. 

Information from third parties:

If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us. 



Where practicable we will give you the option of not identifying yourself or using a pseudonym in your dealings with us.

Restrict and unsubscribe:

To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.


If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, incomplete, misleading or out of date.

Objecting to processing:

You have the right to object to processing of your personal information that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights and freedoms, in order to proceed with the processing of your personal information.

Restricting processing:

You have the right to request that we restrict the processing of your personal information if (i) you are concerned about the accuracy of your personal information; (ii) you believe your personal information has been unlawfully processed; (iii) you need us to maintain the personal information solely for the purpose of a legal claim; or (iv) we are in the process of considering your objection in relation to processing on the basis of legitimate interests.

Access, erasure and data portability:

You may have the right to request details of the personal information we hold about you, or to request that we erase the personal information we hold about you, or that we transfer this information to a third party. For example, some personal information may be stored by the platform or device you use, such as iCloud or the Game Centre (as applicable). To request access, erasure or data portability of this other personal information, please contact the relevant third party directly.


If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, incomplete, misleading or out of date.


If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. You also have the right to contact the relevant authority in the country in which you are based.

Data Retention

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information, whether we can achieve those purposes through other means and the applicable legal requirements.

In some circumstances you can ask us to delete your data: see ‘access, erasure and data portability’ above for further information.

In some circumstances we may anonymise your personal information (so that it can no longer be associated with you) for analytics, research or statistical purposes in which case we may use this anonymised information indefinitely without further notice to you.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

When you use our website 

​Cookies and web beacons

We may use cookies on our online Services from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online Services with personal information, this information may be linked to the data stored in the cookie.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our online Services.

We may use web beacons on our online Services from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see or any other URL Google may use from time to time.

Links to other websites

Our Services may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.


We may, at any time and at our discretion, vary this Privacy Policy. We will notify you if we amend this Privacy Policy, by contacting you through the contact details you have provided to us. Any amended Privacy Policy is effective once we notify you of the change.

For any questions or notices, please contact our Privacy Officer at:

Yak & Co Pty Ltd ACN 166 476 946


Last update: 08 March 2023

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