Privacy Policy

Last updated: 3 August 2026

Draft pending legal review. This version has been rewritten but has not yet been reviewed by a qualified lawyer. It is published here for review only and should not be relied on as final until that review is complete.

What changed, in plain English

The matching rules are in Section 5A of the Terms of Service.

Top 5ive ("Company," "we," "us," or "our") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our mobile application ("App") and our website at top5ive.app ("Site"), including the vote, invite and referral links the App shares. Please read this Privacy Policy carefully. By using the App or the Site, you consent to the data practices described in this policy.

1. Information We Collect

1.1 Information You Provide

1.2 Information Collected Automatically

1.3 Information from Third Parties

1.4 Information We Collect on the Site

You do not need an account to use the Site. When you open a vote, invite, referral or share link we collect the following even if you have never installed the App — see Section 5 for the detail and your choices:

2. How We Use Your Information

We use the information we collect to:

3. How We Share Your Information

We do not sell your personal information for money. We do share limited advertising identifiers and ad-interaction data with our advertising partners so ads can be shown and measured. California law calls that "sharing for cross-context behavioral advertising," and you can stop it at any time — see Section 4. Beyond that, we share your information in the following circumstances:

3.1 With Other Users

As part of the App's social features, certain information is visible to other users:

Resharing. Other players can share a penalty video out of Top 5ive using the App's share buttons — into a chat app or onto a social platform. Once that happens the video is on a service we do not control, held by a person we do not control, and we cannot recall it or delete it. Deleting the video from Top 5ive removes our copy; it does not reach theirs. If you are not comfortable with that, do not post the video to the public feed. See Section 5A.6 of the Terms.

If you appear in someone else's video and want it taken down, email support@top5ive.app. You do not need a Top 5ive account and you do not need to give a reason.

3.2 With Service Providers

We share information with third-party vendors who perform services on our behalf:

3.3 AI Features

The App uses AI to generate topics, play as an AI opponent and judge some rounds. Depending on the setting you choose, the text of that request — the topic and the lists in play, never your account credentials — is processed by:

3.4 For Legal Reasons

We may disclose your information if required to do so by law or in response to:

3.5 Business Transfers

If we are involved in a merger, acquisition, or sale of assets, your information may be transferred as part of that transaction. Any buyer takes on our Terms and this policy as they stand, including the opt-in rule in Section 3.6. A change of owner does not widen what may be done with your videos.

3.6 Marketing With Penalty Videos — Opt-In Only

Top 5ive runs its own accounts on services such as TikTok, Instagram, YouTube, X and Facebook, and we would like to post the best penalty videos there to get more people playing.

We only ever do that with a video you specifically opted in, one video at a time. Uploading a video does not opt it in. Posting it to the public Pay the Price feed does not opt it in. Accepting our Terms does not opt it in. Having opted in a previous video does not opt in the next one. The answer starts at no and we ask separately each time.

For a video you did opt in, we may:

We do not sell or licence your video to an unrelated business for that business's own advertising, and we do not present you as endorsing anything.

If you are 13 to 17, none of this applies to you. The opt-in is not offered to accounts under 18 and your videos are never used for marketing.

Withdrawing. You can withdraw marketing permission for any video at any time, in the App or by emailing support@top5ive.app. We stop using it immediately, remove it from our own social accounts within 7 days, and require any partner to delete their copy within 30 days. We cannot delete copies other people already downloaded or reposted — see Section 6.

4. Advertising and Your Choices

The App is free and is paid for by ads. We use Google AdMob to select, deliver and measure them, including banner, interstitial and rewarded ads.

The Site itself carries no advertising and sets no advertising or third-party analytics cookies.

5. Website, Cookies and Web Links

Top 5ive shares links that open in a browser — vote links, invite and referral links, game join links and penalty share links. If you do not have the App, those open on the Site, and the following applies to you even though you have never created an account.

5.1 Cookies and Browser Storage

We set no advertising cookies, no third-party cookies and no cross-site trackers on the Site. The first time you visit we show a short notice: choose No thanks and the code is kept only for the current browser tab and removed when you close it, which means an invite reward may not survive the install. You can clear everything at any time through your browser's site-data settings.

5.2 Anonymous Sign-In

Some pages (the live activity ticker, the feedback form, vote pages) sign your browser in anonymously with Firebase so our security rules can distinguish one browser from another. This anonymous session is not linked to your name, email or Top 5ive account.

5.3 Voting and Anti-Cheat

When someone sends you a link to rank their Top 5 list or pick a penalty, submitting your vote records a summary of your browser and device — screen size, colour depth, time zone, language, platform, browser user agent and whether the device is touch-capable — together with your IP address. We use it for one purpose: to detect when the person who sent the link is trying to vote on it themselves. We do not use it for advertising or profiling, we never show it to the person who sent you the link, and it is deleted with the voting session — within minutes of your vote, and in any case within 24 hours of the link being created.

6. Data Retention

We retain your personal information for as long as your account is active or as needed to provide you services. We may retain certain information for legitimate business purposes or as required by law, including:

Voting sessions created from a share link, and the anti-cheat details attached to them, expire automatically 24 hours after the session is created. Crash reports are retained by Crashlytics for up to 90 days.

Reports of objectionable content or abusive behaviour, and the moderation decisions taken on them, are kept after the account they concern is closed. They are the record of why content was removed or an account was banned, they are what stops a banned user simply returning, and they would be worthless if they disappeared with the account. They are never used for advertising or profiling.

6.1 Penalty Videos

A penalty video is kept while it is on Top 5ive. It is not kept "perpetually". When you delete the video, or your account:

The narrow exceptions, stated honestly:

6.2 Account Deletion

When you delete your account, we will delete or anonymize your personal information within 30 days, except for information we are required or permitted to retain. There is no date of birth to delete, because we never stored one; the age band derived from it is deleted with your account.

7. Data Security

We implement appropriate technical and organizational measures to protect your information, including:

However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to protect your information, we cannot guarantee absolute security.

8. Your Rights and Choices

8.1 Account Information

You may update or correct your account information at any time through the App's settings.

8.2 Delete Your Account

You may delete your account at any time through Settings > Account > Delete Account. This will permanently remove your account and associated data from our active systems. If you no longer have the App, our account deletion page explains exactly what is removed and how to request it by email.

8.3 Push Notifications

You can opt out of push notifications through your device settings or the App's notification settings.

8.4 Tracking and Ads

You can allow or refuse tracking at any time in Settings > Privacy & Security > Tracking on your device. See Section 4 for what changes when you do.

8.5 Your Penalty Videos and Marketing

You can delete any penalty video from the App at any time, on the timeline in Section 6.1. You can withdraw marketing permission for a video at any time without deleting the video, in the App or by emailing support@top5ive.app. Withdrawing does not undo use that already happened and cannot reach copies other people already have.

8.6 Data Access and Portability

You may request a copy of your personal data by contacting us at support@top5ive.app.

8.7 California Residents

If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA/CPRA), including the right to know what personal information we collect, the right to delete your information, the right to correct it, and the right to opt out of the sale or sharing of your personal information. We do not sell personal information for money, but our use of advertising identifiers with Google AdMob is treated as "sharing for cross-context behavioral advertising." You opt out by refusing tracking in Settings > Privacy & Security > Tracking, or by emailing privacy@top5ive.app. We will not discriminate against you for exercising any of these rights.

8.8 European Residents

If you are in the European Economic Area (EEA) or the UK, you have rights under the General Data Protection Regulation (GDPR), including the right to access, correct, delete, or port your data, and the right to object to or restrict certain processing.

Our lawful bases:

You may withdraw consent at any time — including marketing consent for any video — without affecting processing already carried out, and you have the right to complain to your local supervisory authority.

On erasure: nothing in our Terms or this policy limits your right to erasure under Article 17. Where that right applies and we have no lawful basis to keep something, we delete it on the timeline in Section 6. The only things we hold back are the narrow, named exceptions in Section 6.1 — and the copies that already left our systems, which we do not hold at all.

9. Children and Teenagers

9.1 Under 13

The App is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will delete that information and close the account promptly. If you believe we have information from a child under 13, please contact us at privacy@top5ive.app.

What happens if someone answers under 13. No account is created and no profile, content or contact details are collected. Two things are recorded, and we would rather name them than let them come as a surprise: a marker on the device so the question is not simply asked again until it gets a different answer, and a server-side note that this sign-in attempt was refused for age — a randomly generated sign-in identifier, a timestamp and the reason. That note contains no name, no email address, no date of birth and no content. It exists so the refusal holds, and it can be deleted on request at privacy@top5ive.app.

9.2 Users aged 13 to 17

Users aged 13 to 17 may use Top 5ive with a parent or guardian's agreement. For those accounts:

10. Third-Party Links and Services

The App may contain links to third-party websites or services. We are not responsible for the privacy practices of these third parties. We encourage you to read the privacy policies of any third-party services you access.

11. International Data Transfers

Your information may be transferred to and processed in countries other than your country of residence. These countries may have different data protection laws. By using the App, you consent to the transfer of your information to the United States and other countries where we operate.

12. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of material changes by posting the updated policy in the App or on our website and updating the "Last updated" date. Your continued use of the App after changes constitutes acceptance of the updated policy.

13. Contact Us

If you have any questions about this Privacy Policy or our data practices, please contact us at:

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