OnLive

ONLIVE, INC.

PRIVACY STATEMENT

OnLive, Inc. (hereinafter referred to as "OnLive" or "we" or "us") is committed to protecting the privacy rights and personal information of our online visitors. We have adopted this Online Privacy Statement (hereinafter referred to as the "Privacy Policy") to explain our policies and practices regarding how we collect, store, and use the information you provide online.

We reserve the right to amend and otherwise modify this Privacy Policy (or any portion hereof) at any time, at our sole discretion and without prior notice. If we make any material change(s) to this Privacy Policy, we will notify you by posting the relevant change(s) on the applicable websites and, if deemed necessary by us, we will give you additional choices regarding such change(s). Your voluntary decision to continue to access and use the websites to which this Privacy Statement applies will signify your acceptance of all of such change(s).

Application of this Privacy Policy

This Privacy Policy covers the information practices of the following websites that link to this Privacy Policy: www.onlive.com and www.mova.com (collectively, the "OnLive Websites" or "Websites"). Other websites owned and/or operated by or for OnLive contain their own Privacy Policies.

OnLive may add new website(s) from time to time, at its sole discretion, to the list of specific website(s) referenced above that are covered by this Privacy Statement.

OnLive's Privacy Policy only applies to information submitted and collected online by means of the OnLive Websites that are expressly referenced above. This Privacy Policy does not apply to websites maintained by other companies or other third parties to which the OnLive Websites may be linked.

Third Party Sites

Please be aware that while you are visiting any of the OnLive Websites you may encounter links that will enable you to choose to be connected to third-party websites that are not owned or controlled by OnLive or any of its affiliates. As noted above, please be advised that we cannot guarantee that the privacy policies of any such third-party websites are as protective of your personal information as our Privacy Policy, and therefore we strongly recommend that you read the privacy policy of any website that you link to and/or otherwise visit before you submit any of your personal information to the owner or operator of any such third-party website. OnLive is not responsible for the practices employed by websites linked to or from the OnLive Websites nor the information or content disclosed to such websites or obtained from such websites.

Types of information Collected

The types of information that may be collected will vary depending upon your individual use of the OnLive Websites. The information that we may collect will likely include some personal information, such as your first and/or last name, gender, e-mail address, phone number, mobile number, mailing address, and birth date, and for those purchasing any particular product or service online, we may need to collect credit card information and the relevant billing and shipping address(es). In addition, we may collect demographic information about your computer, hardware, software, platform, media, Internet IP address and connection, ISP details, information about online activity, and other data that you may provide in surveys or online profiles, for instance. We may combine demographic information with personal information such as email address, to tailor our offerings or web pages to your preferences or interests. Prize winners of promotions we may offer may be required to provide a Social Security or a Social Identification Number for tax purposes. We do not currently require personal information to obtain access to the OnLive Websites.

If you wish to subscribe to any newsletter(s) we may offer, or submit an application to be a beta tester of any service we may offer in the future, or contact us for any other reason, we will use your name and email address to send a newsletter and/or notifications about beta testing schedules to you, or to respond to your inquiries. We will also provide you a way to unsubscribe to emails from us if you have signed up to receive information from us.

Use of "cookies" and other technical means to collect information

We use cookies and other technologies to passively collect demographic information, personalize your experience on our site and monitor advertisements and other activities. For example, cookies can advise us whether you have visited one of the OnLive Websites previously, and/or may contain other information that will facilitate your next visit to one of the OnLive Websites.

Typically, cookies do not include individuals' names, e-mail addresses, or other information that is personally identifiable. However, we may combine information contained in cookies with your personal information in order to allow you to participate in particular activities you select that require the disclosure of any such personal information, and in an effort to make your subsequent visits to the OnLive Websites more enjoyable.

Please remember that with most modern browsers you can always disable cookies or set your browser to alert you when cookies are being sent to your computer. However, the decision to disable cookies may in fact prevent you from being able to use certain portions of the OnLive Websites.

Other technologies used by OnLive Websites include clear GIFs and IP address logging. Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an e-mail message. Clear GIFs are invisible to the user because they are typically very small (e.g., only 1-by-1 pixel) and the same color as the background of the web page, document or e-mail message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page. We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages.

OnLive may also collect information in the form of logs (i.e., files that record website activity and garner statistics about users' web-browsing activities, such as how many users have visited the Websites, and how often, and how many "hits" a particular webpage has received). The entries comprising such log files are generated anonymously and are not associated with any particular user, computer, or browser. Log files are only used by us to operate and improve our OnLive Websites, for our internal marketing and demographic studies, and to enable us to assess overall website activity and users' web-browsing activities, preferences and habits. We also maintain log files which contain Internet Protocol ("IP") addresses. An "IP address" is a unique number that can be used to identify your computer whenever you log on to the Internet. In general, we only use such log files to monitor traffic on our Websites, to report aggregate information to our advertisers and to troubleshoot technical problems , and for security reasons and to foster the safety of the Websites.

Use of Information Collected

Information that we collect for a particular purpose is only used for that purpose. For example, if you request information about how to be a beta tester or if you sign up to receive our newsletter, we will use the information provided to contact you about being a beta tester or to provide you with our newsletter. Similarly, any credit card information will only be used to process and fulfill orders for goods or services you buy on our site.

Other Uses

OnLive has included within the OnLive websites the technical capability for interested individuals to submit their resumes to us online. Personal information collected in connection with our receipt of any resumes will only be used for the purpose of evaluating potential candidates' submissions for any then-current or anticipated job offerings at OnLive and/or its affiliates. Please be advised that the information disclosed in connection with any such submissions will not be governed by this Privacy Policy. Any and all information obtained from the resumes that are received by OnLive or its subsidiaries may be further disclosed within OnLive or Mova in an effort to determine whether an appropriate employment opportunity then-currently exists, or might exist in the future.

We may also use your personal and demographic information for our internal marketing and demographic studies, which are intended to enable us to operate the OnLive Websites and improve the various products and services that we make available to you on the OnLive Websites.

From time to time, we may conduct contests, sweepstakes, promotions, tournaments, and/or other events or activities (collectively "Events") on the Websites. The types of information collected in connection with any Events may include personal information, such as your email address, and may be collected by or shared with a third-party sponsor, co-sponsor, or other third party (e.g., promotional partner, software licensor, game designer, etc.). If you do not want your personal information to be collected by or shared with a third party that is involved with any particular Event, you can always choose not to participate in such Event. To opt out of further communications from a third party with whom you have shared your personal information, please contact that third party directly. We may also send you emails that may contain information regarding third-party products or services; however, this doesn't mean that we've provided your personal information to any party.

From time to time, we may utilize the services of independent third parties that provide support for the operations of the OnLive Websites to collect personal information on our behalf relating to you and/or your use of the OnLive Websites. Any such third parties who are involved in the operations of the OnLive Websites relating thereto are only authorized to use the information that is collected by and/or disclosed to them for purposes of fulfilling their contractual obligations to us and/or fulfilling any obligations owed to you and to the other individuals who access and use the OnLive Websites (e.g., fulfillment of online orders for products or services, etc.). OnLive will also require that any such third parties adhere to our stated privacy policies and protect the confidentiality of personal information they collect or have access to in the course of their engagement by OnLive.

OnLive expressly reserves the right to disclose personal information if we believe, in good faith, that we are required to do so by applicable law, including, but not limited to, disclosure to law enforcement or other government officials in connection with an investigation of claims of fraud, misappropriation or infringement of any intellectual property rights or other proprietary rights, or any other conduct or activity that is illegal or that may subject you or OnLive to any potential legal liability. Additionally, in connection with a merger, acquisition, reorganization, bankruptcy, or other similar event, the information that has been collected by or for OnLive relating to the Websites may be disclosed, assigned and transferred (in whole or in part) to any third-party successor or assign.

Communications Preferences

If you do not want OnLive or Mova to send you communications such as newsletters, announcements, or promotional offers, you may opt-out from receiving these communications at the time your personal information is originally collected or, if you'd like to opt-out at a later date, opt-out instructions as well as instructions to update communications preferences will be included in the bottom portion of each email we send to you. You may also contact us by regular mail at: OnLive Inc., Attention: Privacy/Opt Out, 181 Lytton Avenue, Palo Alto, CA 94301

Children

OnLive does not knowingly collect personal information from anyone under the age of 13.

Safeguarding Your Personal Information

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Contacting OnLive

If you have any comments, questions or complaints about this Privacy Statement or our information collection practices, please contact us via email at privacy@onlive.com; or, by regular mail to OnLive Inc., or Mova LLC: 181 Lytton Avenue, Palo Alto, CA 94301, Attn: Privacy Policy Administrator.

California Civil Code Section 1789.3 Compliance

Californians have rights to the following information pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538: The mailing address for OnLive, Inc. and Mova LLC is: 181 Lytton Avenue, Palo Alto, CA 94301, telephone number: 650-543-5500. Currently, there are no fees or charges associated with using the OnLive websites, other than the cost of any products or services purchased therein and any applicable taxes, shipping fees, and other charges associated with such purchases. We reserve the right to change its pricing on any such items. To contact us regarding the OnLive Websites please email us at privacy@onlive.com. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA.