AMOA

Amusement and Music Operators Association

INFORMATION PRIVACY AND SECURITY POLICY

The Amusement and Music Operators Association (“AMOA” or “Operators”), are committed to protecting the confidentiality of information with regard to our members, and the persons who enjoy our games and/or other coin-operated equipment (the “Games”) and who play at the establishments in which those games are located.

This Information Privacy and Security Policy (the “Policy”) is intended to provide our members with guidelines concerning the management and protection of any personal, business, or financial information collected by Manufacturers from Operators who own and/or operate the manufacturers’ equipment, including, but not limited to, information collected electronically from networked coin-operated games and equipment at the Operators’ locations, including any information collected via online communications. We recognize that both Manufacturers and Operators are, in the course of their business relationships, necessarily free to negotiate and to agree upon any terms, both inside and outside the scope of this Policy. For reference purposes only, we have attached, as Exhibit A, suggested draft language encompassing certain aspects of this Policy.

OPERATOR INFORMATION

As part of the routine operation of a Manufacturer’s Games, whether networked or otherwise, which have been made available by Operators for public play, information concerning the Operator and/or the persons who play the Games may be recorded and captured by the Manufacturer. Such collection of information may or may not be accomplished via online transmission of the data. This information might conceivably be collected through the use of certain agreements between Manufacturers and Operators. One such agreement is known as a “revenue sharing” agreement. This information, by its nature, typically includes specific data about the Operator, the location and the Operator’s agents. Examples of the types of information collected might include, without limitation, the following:

• Operator name;
• Contact person;
• Phone number;
• Address;
• E-mail address;
• Business practices, policies, and/or procedures;
• Bank name and account number;
• Insurance carrier and other Operator agent information;
• Earnings and revenues for particular Games and for particular locations;
• Number and identity of Games in particular establishments and/or company wide;
• Number of service calls and service response time for particular Games and establishments;
• Number of game rotations in particular locations;
• SSN or Federal EIN Numbers.

This information (collectively hereinafter referred to as “Operator Information”) is generally collected to facilitate placement, payment, and servicing of the Games.

Specifically, any financial and/or establishment-specific information is generally recognized and understood, to be trade secrets.

PLAYER INFORMATION

Certain information about persons who play the Games may also be collected. This information may include, without limitation, the following:

• Name;
• Address;
• E-mail address;
• Other personally identifying information including Social Security Numbers;
• Game preferences;
• Spending patterns;
• Tournament winnings.

This information (collectively hereinafter referred to as “Player Information”) is generally collected for maintenance and support purposes, to assess usage and the popularity of Games, and to administer and monitor financial transactions.

AMOA believes that it is in the best interests of its members, customers, and the industry as a whole to identify, monitor and, in some cases, restrict the manner in which Operator Information and Player Information is gathered, maintained, and used by their members and manufacturers, or their authorized agents, including distributors of the Games. Therefore, AMOA has endorsed the following general principles concerning the collection, use, and disclosure of Operator Information and Player Information:

SECURITY

A. Manufacturers and Operators shall adhere to strict internal security procedures designed to protect the confidentiality of Operator Information and Player Information (collectively referred to as “Confidential Information”). Such security procedures should include, for example:

1. Placing prominent security and confidentiality notices on any materials containing the Confidential Information;
2. Storing the Confidential Information in a secure physical environment;
3. Maintaining a secure electronic environment for any Confidential Information stored electronically;
4. Manufacturers should allow representatives of Operators, upon reasonable notice, the opportunity to investigate on-site security procedures designed to house and protect their Confidential Information. The scope of any such investigation should be limited to the extent necessary to validate the security procedures.
5. Operators should allow representatives of Manufacturers, upon reasonable notice, the opportunity to investigate on-site security procedures designed to house and protect their Confidential Information. The scope of any such investigation should be limited to the extent necessary to validate the security procedures.

LIMITED COLLECTION AND USE OF OPERATOR INFORMATION

B. Manufacturers should limit the collection and use of Confidential Information to the minimum necessary for the Manufacturer to deliver quality services to Operators and the persons who play the Games. Permitted collection and use shall include, for example:

1. Selection of Games to recognize player preferences;
2. Market research to be shared with participating Operators;
3. Alerting Operators about Manufacturers’ products and services;
4. Providing Operators with information about Manufacturers’ service, and other policies;
5. Administering contracts, including financial transactions, between Manufacturers and Operators.

C. Manufacturers should permit only authorized employees and agents (including their distributors) access to Operator Information.

1. Manufacturers should ensure that only those employees and agents who are familiar with this Policy and agree, in writing, to its terms have access to Operator Information;
2. Manufacturers and Operators should ensure that all materials that include Operator Information, whether in written or electronic format, will contain a prominent notice indicating that the materials include information that is confidential and proprietary.

D. Manufacturers, their distributors, and/or agents should not disclose Operator Information to third parties without Operator’s prior written approval, unless compelled to do so by valid legal process.

1. 1. Manufacturers should ensure that any disclosure of Operator Information to third parties is subject to a “Non-Disclosure Agreement” with terms that are at least as restrictive as this Policy;
2. 2. Manufacturers should ensure that Operator Information disclosed to third parties is clearly marked as confidential.

COLLECTION, USE AND DISCLOSURE OF PLAYER INFORMATION

E. Manufacturers and Operators should agree to adhere to industry standard privacy guidelines and to comply with all privacy laws and regulations to which they are bound by law. Manufacturers and Operators should not knowingly collect personally identifying information from players under the age of thirteen (13) without obtaining verifiable parental consent except as permitted by law.

F. Subject to such privacy guidelines, laws and regulations, Player Information may be used for any legitimate business purpose related to the maintenance and marketing of the business of Manufacturers and Operators. These purposes may include, for example:

1. Analyzing use and popularity of Games;
2. Research and development of new Games;
3. Administering and monitoring contracts including payments and/or revenue sharing agreements;
4. Technical support and maintenance;
5. Advertising and marketing of the Games.

NON-COMPETITION

G. Neither Manufacturers, nor their distributors, nor their agents should use the Confidential Information to compete with Operators in commercial activities that are similar to Operators’ commercial activities. Nothing in this section is meant to restrict fair competition in the marketplace between any of the parties.

INDEMNIFICATION

H. Manufacturers and Operators should agree to indemnify and hold each other harmless from any and all claims, damages, costs or liabilities, including reasonable attorneys’ fees that may arise from third party or government claims based upon the indemnifying party’s violation of any federal, state or local statute, regulation or other law regarding the protection of personally identifying information. Manufactures and Operators should include indemnification provisions in their agreements which have substantially the same effect as those attached hereto at Exhibit A.

RETURN OF OPERATOR INFORMATION

I. In the event that Manufacturers and Operators cease doing business with each other, or the Manufacturer ceases doing business, the Manufacturer should return or, at the election of the Operator, destroy any Operator Information it has in its possession, in any form and including all copies. The Manufacturer should certify in writing that all such Information has either been destroyed or returned. Manufacturers may, however retain such data where required by law or government regulation.

LEGAL SANCTIONS

J. Various provisions of state and federal law: (a) protect privacy rights of individuals; (b) regulate the collection, distribution and use of personally identifying information particularly for children under the age of thirteen (13); and (c) provide protections for trade secrets and proprietary business information. Since serious legal consequences, including significant penalties and damages could be assessed for violations of the privacy laws, or for misappropriation or misuse of trade secret information, we recommend a careful review of those applicable laws by Manufacturers, their distributors and Operators.

PERMISSIBLE USE

Both parties agree to safeguard Operator Information and Player Information (jointly, the “Confidential Information”) according to strict standards of security and confidentiality. Manufacturer shall place prominent security and confidentiality notices on any materials containing Operator Information and shall permit only authorized employees and agents to access Operator Information. Both parties agree to collect and use Player Information for purposes of complying with this Agreement.

Each Party agrees to adhere to industry standard privacy guidelines and to comply with all federal and state privacy laws and regulations. Neither party will knowingly collect personally identifying information from players under the age of thirteen (13) without obtaining verifiable parental consent except as permitted by law. Subject to such privacy guidelines, laws and regulations, either party may use Player Information [to be defined earlier in the agreement] for any legitimate business purpose related to the maintenance and marketing or the business of either party, including, without limitation: (a) analysis of popularity of games; (b) research and development of new games; (c) administration of contracts between the parties; (d) technical support and maintenance; and (e) advertising and marketing of games.

NON-COMPETITION

Manufacturer shall not use Operator Information [to be defined earlier in the agreement but should include earnings, revenues and location specific information] to compete with Operator in commercial activities that are similar to Operator’s commercial activities and which impact Operator’s business. Nothing in this section is meant to restrict fair competition in the marketplace between parties.

WARRANTY

Each party hereby represents and warrants that it will not knowingly collect personally identifying information from persons under the age of thirteen (13) without obtaining the verifiable consent of the child’s parents or guardians or as otherwise permitted by law. To the best of each party’s knowledge, it is not in violation of any federal, state or local statute, regulation or other law regarding the protection of personally identifying information. Neither party has sold, distributed or transferred, or will sell, distribute or otherwise transfer any personally identifying information collected from the other party or its facilities under this agreement in violation of any of its own applicable privacy policy(ies).

INDEMNIFICATION

Each party agrees to indemnify and hold harmless the other party from any and all claims, damages, costs or liabilities, including reasonable attorneys’ fees, that may arise from third party or government claims based upon the indemnifying party’s violation of any federal, state or local statute, regulation or other law regarding the protection of personally identifying information. This provision shall apply provided the accused party promptly notifies the indemnifying party in writing of any such claim and promptly tenders the control of the defense and settlement of any such claim to the indemnifying party at the indemnifying party’s expense and with its choice of counsel. The accused party shall cooperate with the indemnifying party, at its expense, in defending or settling such claim.

RETURN OF OPERATOR INFORMATION

Except where preservation is otherwise required by law or government regulation, within ___________ days after the effective date of termination of this agreement, Manufacturer shall return to Operator or destroy at the election of Operator, all Operator Information it has in its possession in whatever form and all copies thereof. The Manufacturer shall certify in writing its compliance with this requirement.