Privacy Policy
ONLIVE PRIVACY POLICY
Effective as of August 17, 2012
I. INTRODUCTION
OL2, Inc. and its group of companies (collectively, "OnLive" or "we" or "us") are committed to protecting the privacy rights and personal information of our online visitors and users. We have adopted the OnLive Privacy Policy ("Privacy Policy") to explain our policies and practices regarding how we collect, store, use, and protect the information you provide to us. By using the OnLive® Game Service, the OnLive™ Desktop and Websites you consent to OnLive using your information in the manner and for the purposes described in this Privacy Policy. Capitalized terms used but not defined herein have the meaning given to them in the OnLive Terms of Service (“Terms”).
Scope of this Privacy Policy
This Privacy Policy covers the information practices for the following websites and services: onlive.com and any other OnLive-owned domain names that point to onlive.com (collectively, the "OnLive Websites" or "Websites"); the OnLive Game Service; and OnLive Desktop (collectively, the "OnLive Services" or "Services"), which includes OnLive Customer Service ("OnLive CS"). Other websites and services owned and/or operated by or for OnLive contain their own privacy policies. This Privacy Policy only applies to information submitted and collected online by, through, or via the OnLive Websites and Services. This Privacy Policy is available for review on the OnLive Websites.
Contact Us
If you have any comments, questions or complaints about this Privacy Policy or our information collection practices, please contact us via email at privacy@onlive.com; or, by regular mail to OnLive: 1091 N Shoreline Blvd, Suite 100, Mountain View, CA 94043, Attn: Privacy Policy Administrator and Legal Department.
ESRB Certification
This Privacy Policy and the certification seal to the right confirm that OnLive is a valid licensee and participating member in the Entertainment Software Rating Board ("ESRB") Privacy Online Certified Program. To protect your privacy, we have voluntarily undertaken this privacy initiative. The ESRB has reviewed and certified that the OnLive Websites and Services meet established online information collection and use practices. As part of the ESRB certification program, we are subject to frequent audits of our Websites and other enforcement and accountability mechanisms administered independently by the ESRB.
Safe Harbor
OnLive adheres to a self-regulatory program in connection with the Safe Harbor frameworks developed by the U.S. Department of Commerce in consultation with the European Union and Switzerland. As part of our participation in the U.S.-EU Safe Harbor framework and the U.S.-Swiss Safe Harbor framework, we agree to resolve all disputes you have with us in connection with our policies and practices through the ESRB.
II. THE INFORMATION WE RECEIVE
There are several categories of information that we receive from you when you use the OnLive Websites and Services: (A) information you provide to us; (B) information we collect from you; and (C) information third parties collect from you.
You may visit and browse the informational sections of the Websites without providing any personal information. When we ask for personal information on the Websites and Services to, for example, set up an OnLive Services Account ("Account") or make a purchase, we will not require anyone to disclose more personal information than we believe is reasonably necessary to participate in such activities. Each of the categories of information we receive from you is discussed below:
A. Information You Provide to Us
Personal Information: When you sign up for OnLive’s Websites or Services, you may provide a variety of personal information including your first and last name, gender, email address, contact phone numbers, birth date, and mailing address. If you subscribe to the Services or make a purchase, you will provide credit card information, including credit card number, security code, expiration date, a shipping address (if necessary), and billing address. You may also provide additional personal information that you choose to include in an email that you send to us via the Websites, the Services, or through a resume you submit in connection with your interest in working for OnLive or one of its respective subsidiaries or affiliates. All of the above personal information, including any other material and non-public sensitive information tied to your personal information, is collectively referred to as "Personal Information" in this Privacy Policy.
Non-Personal Demographic Information: If you choose to complete surveys or your Player Profile, you may provide certain demographic information about yourself such as information about your lifestyle, personal tastes, purchasing habits, city and state, province or territory, education, job, and income.
B. Information We Collect From You
In connection with our provision of the Websites and Services, we may collect the following non-personal information from you. The information identified in this section may be combined with Personal Information in order to assist OnLive with community management, customer support, and technical support.
Information About Your Computer and Connection to the Internet: We may collect information about your computer, hardware, device, software, platform, media, Internet IP address, connection information, geographic IP information, and details concerning your Internet service provider. This is statistical data about how our users access the Websites and Services, and does not identify any individual.
Cookies: Cookies are small pieces of information that are stored by your browser on the hard drive or memory of your computer or Internet access device. These cookies enable us to personalize your experience on the Websites, maintain a persistent session, passively collect demographic information about your computer 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. Cookies do not include or collect Personal Information but rather, they identify your computer, usually by its Internet Protocol ("IP") address. An "IP address" is a temporally unique number that can be used to identify your computer whenever you log on to the Internet.
Please remember that with most modern browsers you always can disable cookies or set your browser to alert you when cookies are being sent to your computer. The decision to disable cookies, however, may prevent you from being able to use certain portions of the OnLive Websites. To learn more about cookies and how to specify your preferences, please search for "cookie" in the "Help" portion of your browser.
Clear GIFs: Clear GIFs are small graphic images (in GIF or other image format) 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 either transparent or 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. We may, however, use clear GIFs on our Websites 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. We do not use clear GIFs in the OnLive Game Service or OnLive Desktop Service.
Website & Service Logs: OnLive may collect information in the form of website and/or service logs (collectively "Logs"). These Logs are files that record activity on the Websites and Services and gather statistics about users' activities, such as how many users have visited the Websites, how often, how many "hits" a particular webpage has received, sign-in and sign-off times for the Services, type and quality of the user’s Internet connection to the Services, identification of the user’s hardware and software running the Services, which features on the Services you used, and the frequency of use. The entries comprising the Logs contain IP addresses, user IDs, email addresses, and identification of the Internet service provider that provides your connection to the Internet. Generally, we use the Logs to: (i) operate and improve the Websites and Services; (ii) identify the popularity of certain features; (iii) assist with internal marketing and demographic studies; (iv) enable us to assess overall efficiency and activity on the Websites and Services; and (v) assess users' web-browsing, usage, preferences, and habits on the Websites and in the OnLive Game Service. We also use the Logs to monitor traffic on the Websites and Services, to troubleshoot technical problems, to support OnLive CS operations, for security reasons, and to foster the safety of the Websites and Services.
Player Tags, Screen Names and Player Profiles: Your Player Tag on the OnLive Game Service and Screen Name on OnLive Desktop can be used interchangeably. This means that if you have an Account set up on the OnLive Game Service with a Player Tag and password, you can use these credentials to log onto OnLive Desktop. Conversely, if you have a Screen Name and password on OnLive Desktop, these credentials can be used to log onto the OnLive Game Service. Player Tags and Screen Names are unique OnLive identifiers that can be seen on the OnLive Websites and OnLive Game Service. Player Profiles are personal summaries on the OnLive Game Service that may include the user’s Player Tag, presence on the Services, last log-on, use of content, gameplay statistics, and stated city, region or country location that can be seen on the OnLive Websites and OnLive Game Service. In some cases, Player Tags and Player Profiles from the OnLive Websites and OnLive Game Service, may be made public by OnLive, our affiliates, subsidiaries, licensors, partners, or suppliers for the purposes of leaderboards, enhancing multiplayer gameplay, tournaments, and marketing and promotion efforts, and in providing us with such information you consent to such disclosure. Because Player Tags and Player Profiles may be widely viewed we caution users to avoid using any personally identifiable information when creating Player Tags and Player Profiles. We do not consider Player Tags, Screen Names or Player Profiles to be Personal Information, as used in this Privacy Policy.
1. Information We Collect From You When You Use the OnLive Game Service
Brag Clip™ Videos: The Brag Clip video feature on the OnLive Game Service allows a user to make a video recording of a ten-second clip of a user’s gameplay. A user’s Player Tag/Profile may be visible in a Brag Clip video. Other people may view Brag Clip videos either through the OnLive Game Service or outside of the OnLive Game Service through services such as YouTube or Facebook, for example, or by means of recorded video media. A user may choose to limit Brag Clip videos to only OnLive users identified as Friends (described below). If at any time a user does not limit viewing of Brag Clip videos, OnLive may from that point forward use such videos both on the Services and externally for other purposes, including demonstrations, tournaments, marketing, promotional efforts, game refinement, engineering analysis or any other purpose. In some cases, use of certain game features or participation in certain promotions, tournaments and other activities will allow other people to view Brag Clip videos. Because Brag Clip videos may be widely viewed, OnLive cautions users to avoid revealing any personally identifiable information during gameplay. Brag Clip videos are by default viewable by all OnLive users. A user may set different tiers of viewing of this feature through the OnLive Game Service including, for example, disabling all viewing of such user’s Brag Clip videos. This feature may be enabled on OnLive Desktop and if and when so enabled similar privacy settings will allow a user to have various groups of people (Friends, everyone, no one) view a video clip of a user’s activity on OnLive Desktop.
Spectating: Through the Spectating feature on the OnLive Game Service, OnLive makes available continuous live viewing of a user’s gameplay. A user’s Player Tag/Profile may be visible during Spectating. A user may choose to limit Spectating of such user’s gameplay to only Friends, or limit such viewing so that no one else on the OnLive Game Service can Spectate the user’s gameplay. Because live gameplay or other activity in the OnLive Game Service may be widely viewed through the Spectating feature, OnLive cautions users to avoid revealing any personally identifiable information during gameplay or other activity on the Services. The Spectating feature is defaulted to the setting that allows all users of the OnLive Game Service to be Spectated by all other users on the OnLive Game Service. A user may set different tiers of viewing of this feature through the OnLive Game Service including, for example, disabling all Spectating of his gameplay.
Facebook: When you choose to link your OnLive Game Service account to your Facebook account, you authorize OnLive to collect, store, and use in accordance with this Privacy Policy any and all information available to us through the Facebook Application Programming Interface ("API").
Communications Within the OnLive Game Service: OnLive may access and collect information about user email, instant messaging sessions, video, text chats, Friend requests, online group activity, and any other forms of communication within the OnLive Game Service and users expressly consent to OnLive monitoring, collecting, recording (in the case of Brag Clip videos) and accessing these forms of communication. Any user communications within the Services should not be considered private and such communications may be viewed and/or heard by others as part of gameplay, for example, as part of Voice Chat or Spectating during gameplay. OnLive is under no obligation to monitor user communications within the OnLive Game Service but may act on reports of misconduct or abuse of communications privileges. Because communications may be widely viewed and/or heard, OnLive cautions users to avoid revealing any personally identifiable information through open communications on the OnLive Game Service.
2. Information We Collect From You When You Use the OnLive Desktop Service
When you access the OnLive Desktop Service through the Desktop app, we collect the following information: sign-in and sign-off times for the Desktop; the type and quality of your connection to the OnLive Desktop Service; the IP address, user ID, and email address, and identification of the Internet service provider you use to connect to the OnLive Desktop Service. Once you have accessed the OnLive Desktop Service, we do not track your actions within the OnLive Desktop Service. For example, we do not track which programs you use within the OnLive Desktop Service, how long you use each program, or how you use the features of each program.
Microsoft® Internet Explorer 9: While accessing the Internet through Microsoft Internet Explorer 9 (“Internet Explorer”) through the OnLive Desktop Service, you are subject to the Windows Internet Explorer 9 privacy statement as stated in the Terms. Internet Explorer includes Internet-based services which are described in the Windows Internet Explorer 9 privacy statement; please see this document for information regarding these online services including how to turn them on and off. With respect to Internet Explorer, OnLive will store limited information including cookies, bookmarks and browsing history for a limited time consistent with your Internet Explorer settings in the OnLive Desktop Service.
The applications available in the OnLive Desktop Service function much like they do when you use them locally on a computer. Thus if you choose to store passwords, bookmarks, or browsing history or to allow cookies to be stored in Internet Explorer in the OnLive Desktop Service, that information will be stored by the program itself at your direction. Pursuant to Internet Explorer’s own security measures, passwords and login information are encrypted just as they would be on your own computer. You thus control what information Internet Explorer and other programs available in the OnLive Desktop Service store and collect using the privacy controls and preference functions in those programs. That information is stored on our servers in order to provide the OnLive Desktop Service, but we do not access or analyze that information.
Files uploaded or downloaded on OnLive Desktop: While accessing or using OnLive Desktop, you may create or download information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images that you place on OnLive Desktop (“Your Desktop Content”). Your Desktop Content is yours alone for your individual use, and is maintained under your Account, to which you control access, subject to applicable laws and the terms of this Privacy Policy.
C. Information Third Parties Collect From You
In some cases, access to third party content (e.g., games, other related game content, and content from third party websites, demos, trailers, videos, and graphics) requires connection to the third party content provider’s server in addition to the OnLive Game Service. Such connections to a third party content provider’s server may be necessary in order to enable gameplay and/or access to certain content features. When this is necessary, the third party content provider will identify the nature of their data collection as well as the type of information collected in their terms of service, privacy policy, end user license agreement, and any other relevant disclosures. You may be required to accept a third party content provider’s terms of service, privacy policy, and end user license agreement (collectively, "Third Party Terms") during the third party content purchasing process. You will have an opportunity to do this before you make the actual purchase. If you accept Third Party Terms, any information that is provided by you to the third party content provider or collected from you by the third party content provider will be subject to the applicable Third Party Terms.
D. Making Friends and Sharing Information With Friends
The OnLive Game Service provides social networking features that allow OnLive Game Service users to become “Friends” with each other. The Friends social networking feature allows you to identify certain OnLive Game Service users that you wish to distinguish from the general population of OnLive users. You may invite other OnLive Game Service users to become your Friends, and other OnLive Game Service users may invite you to become their Friend. Accepting a Friend request is voluntary, and you and/or other users may terminate a Friend association at any time. When someone becomes your Friend, that person will have access to information about what games you are playing and have played as well as communications a list of your Friends, your Player Profile, your Brag Clip videos, your last visit to the OnLive Game Service, date joined, total play time, play style, and motto. By making or accepting a Friend request, you are providing your consent to such information sharing. It is important to note that Friends of your Friends, and Friends of these Friends (up to 3 generations of Friends in total), will have access to such information as well. Please consider this carefully when making or accepting a Friend request. You may stop sharing information with a specific Friend (and therefore, their Friends) at any time by removing that Friend. See our FAQ on Privacy Settings.
III. HOW WE USE YOUR INFORMATION
If we wish to use your previously collected Personal Information for purposes that are materially different from when it was collected, we will provide you with notice of these new purposes and offer you a means to consent to such use before using the information for the new purpose. See the “Changes to This Privacy Policy” section herein for more information on how we provide notice and choice if our privacy practices change. This Privacy Policy places no limitations on OnLive’s use or sharing of anonymized or aggregated information.
When you provide us with your Personal Information, we and/or authorized third parties may use such information for a number of purposes identified below.
* To allow you to use the Websites or Services.
* For our third party payment processor to process your payment for purchases made on the Websites or Services.
* To facilitate communication between OnLive and you including, without limitation, facilitating your use of the Websites or Services, responding to your questions or comments, sending emails concerning our Websites and Services, or to contact you for feedback regarding OnLive, our advertisers, or our business partners.
* To help your Friends find you, OnLive allows registered users who enter your email address to find you and send you Friend requests through the OnLive Game Service. For more information and instructions on how to opt out see our FAQ regarding Privacy and inviting Friends via Gmail.
* To provide customer service and troubleshoot technical issues with the Services.
* To provide you with important functionality changes to the Websites or Services, including updates and upgrades, other new OnLive services, and advertising or special promotional offers from OnLive and reputable third parties that we think you will find valuable.
* To customize, analyze, adjust and improve the OnLive Websites and Services to meet your needs and expectations, as well as those of our business partners.
* For our internal marketing and demographic studies, which are intended to enable us to operate the OnLive Websites and Services, and improve the various products and features that we make available to you on the OnLive Websites and Services.
* For external demonstrations, marketing or promotional efforts.
* To provide a report to our business partners that tells them who responded to a particular offer or to facilitate the fulfillment of an order that you have made with a business partner.
* To enforce the Terms and our other agreements with you, prevent fraud and other prohibited or illegal activities, for other legally permissible purposes and generally to ensure that we comply with applicable laws.
* To maintain and enforce security and safety of the Websites and Services.
* To enforce our agreements with third party content providers, game developers, affiliates, and other OnLive business partners regarding third party rights associated with your use of the Websites and Services.
* To process your entries and participation in sweepstakes, contests, promotions, tournaments or other events if any, in which you choose to participate.
* To process your request to be considered for a position with OnLive or one of its affiliates when you submit a resume to us via the Websites.
*To enable the social networking features of the OnLive Websites and OnLive Game Service.
* From time to time we may disclose aggregated and anonymized data about the usage of our Services to trusted business partners. Information about your use of the Services may be included in this data, but no third party will be able to identify you from it.
Customer Service Information: OnLive may collect any communication between you and OnLive CS, including email and any information you send to OnLive CS, such as screen captures, video or audio recordings or data. OnLive CS may use such information as part of its customer service operations including collecting statistics, maintaining quality control and generating trouble tickets, which may be shared with appropriate OnLive internal groups or OnLive partners to address the problem or issue.
IV. HOW WE SHARE YOUR INFORMATION
OnLive may share your Personal Information with an unaffiliated third party under the following circumstances:
A. Fulfillment of OnLive’s Services
We may retain other companies and individuals to perform certain functions on our behalf. Examples include, but are not limited to, companies that help to administer the OnLive Websites and Services, companies that provide payments and billing services, companies that conduct surveys or assist OnLive in its promotional activities such as sending emails to you, shipping companies that deliver products, third party advertisers or promotional partners who provide a product or service to you, customer support specialists, web hosting and internet service providers, and data analysis firms. Your Personal Information may be stored and processed in the United States by our third party service providers. Any such third parties who are involved in the operations of the OnLive Websites and Services are authorized to use the information that is collected by and/or disclosed to them only 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 and Services. OnLive requires that any such third parties protect the confidentiality of Personal Information they collect or have access to in the course of their engagement by OnLive.
B. Compliance with Law and Fraud Protection
OnLive expressly reserves the right to disclose Personal Information and any other information to third parties 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, its agents, employees, affiliates or others to any potential legal liability or as otherwise required by law), or in order to enforce or apply the Terms, or to protect the rights of OnLive, our users or others. We may also disclose Personal Information and any other information where necessary for the establishment, exercise or defense of legal claims or as otherwise permitted by law. OnLive reserves the right to disclose to a third party the Personal Information or any other information of a user who we believe is in violation of any policy or rule as posted on the Websites and Services, even without a subpoena, warrant, court order or other governmental request.
C. Sale or Transfer of Information
In the event of a sale, merger, liquidation, dissolution, or transfer of substantially all of the assets of OnLive, the Websites, and/or the Services, the Personal Information and/or other information collected about you from the Websites, and/or the Services may be sold, traded, assigned or transferred to the party acquiring all or substantially all of the equity and/or assets of OnLive, the Websites, and/or the Services in order to permit the party to continue the operation of any acquired assets. You consent to the sale and transfer of your information as described in this paragraph. If the successor entity intends to use your information for a purpose unrelated to that which it was originally collected, OnLive will contractually require the successor entity to provide you with notice of these new purposes and an opportunity to consent to such new purpose.
V. YOUR RIGHT TO CHOOSE HOW YOUR PERSONAL INFORMATION IS SHARED
If you do not want your Personal Information to be collected by or shared with a third party as described in this Privacy Policy, do not provide your Personal Information to OnLive and/or the third party. Similarly, 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 on the Services including but not limited to a contest or promotion on the Services (“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 does not mean that we have provided your Personal Information to any party. You always have the opportunity to tell us that you do not wish to receive such correspondence. See the "Communications Preferences" section of this Privacy Policy.
The OnLive Game Service also allows you to share certain information about your gameplay (based on your Player Tag/Screen Name) with everyone using the OnLive Game Service, with Friends (as described in this Policy), or with no one. The most effective way to limit any optional information sharing with other OnLive users, or with Facebook users, is to disable the sharing functionality and/or social features of the OnLive Game Service. Without sharing, however, you may not enjoy the full benefits of the OnLive Game Service because it will deprive you of the opportunity to meet other OnLive users and to chat and play games with them. Where you have an opportunity to limit sharing through the use of the settings and you do not do so, you agree that you will be deemed to have shared the information with third parties voluntarily and it will not be considered to have been shared by OnLive.
You also control the sharing of certain OnLive information on Facebook by connecting your OnLive Game Service Account with your Facebook account. In doing so, you may be connecting your Player Tag/Screen Name with personally identifiable information such that other Facebook users will know who you are. If you do not want Facebook users to be able to see your Player Tag/Screen Name in connection with personally identifiable information of yours, do not use the “Connect With Facebook” feature.
VI. ACCESSING, CHANGING OR DELETING YOUR PERSONAL INFORMATION
OnLive allows you to access, change, or delete inaccuracies to your Personal Information in your OnLive Account. You can request this information by emailing or writing to us at the contact information set forth in the “Contact Us” section above. We may require proof of your identity and will provide the Personal Information for a nominal processing fee. We reserve the right to refuse to provide you with a copy of your Personal Information. If we do not hear otherwise from you, we will assume the information you have provided is accurate and up-to-date and that you consent to the collection, use and disclosure of the Personal Information you have provided to us consistent with the terms of this Privacy Policy.
Suspending Your Account
The data associated with your Account is stored separately based on whether the data is Game Service User Generated Content or whether the data is Your Desktop Content. We store your login credentials (your Player Tag, Screen Name, password and email address (“Login Credentials”)) and Game Service User Generated Content for up to 12 (twelve) months during any suspension of your Account (as described below), so that you can go back to using or accessing the OnLive Game Service as if your Account was never suspended. We store Your Desktop Content for your free Account up to ninety (90) days following suspension of your Account and under all circumstances, we may delete Your Desktop Content after ninety (90) days of inactivity with respect to OnLive Desktop as described below.
You may suspend (i.e., temporarily deactivate) your Account at any time, for any or no reason, for up to twelve (12) months by contacting OnLive CS from the Support section of the OnLive website. The advantage of suspending your Account is that you can save your Login Credentials for the Services and your Game Service User Generated Content.
OnLive may suspend an Account, or resume a suspended Account, if you fail to follow all of the conditions specified in the Terms, including, for example, the expiration or non-renewal of your Services membership term as provided in Section 11 herein. OnLive may also suspend your Account if it is inactive. For the OnLive Game Service, “inactive” means that you have not logged in and interacted with the OnLive Game Service. For OnLive Desktop, “inactive” means that you have not logged in and interacted with OnLive Desktop. You or OnLive may resume (i.e., reactivate) a suspended Account, if the Account is in good standing and any outstanding concerns have been addressed to OnLive’s satisfaction at any time during the suspension.
Suspending your Account will temporarily disable your access to the Services using the suspended Account, and temporarily disable your access to all content or services on the Services that the Account would otherwise have access to, if any, whether purchased or not. Resuming your Account will restore your access to the suspended Account, and restore your access to content and services that are still available to you after the time that has elapsed during the suspension period or provide access to content and services that became available to you during the suspension. During this time, OnLive will retain your Game Service UGC, including your Personal Information, just as if the Account is in active use so as to enable OnLive to (a) keep track of any content or service expirations or activations during the suspension period, and (b) reactivate your Account if it is resumed during that twelve (12) month period. During the suspension period you, or OnLive under certain conditions specified in the Terms, may close your Account, per the terms described below in Closing Your Account. OnLive will close your Account if it not resumed within twelve (12) months of the last suspension. If you decide to suspend your Account, please contact OnLive CS from the Support section of the OnLive website.
The terms of this Privacy Policy will continue to apply to you in full from the time you accept the Privacy Policy, as set forth in the “Changes to this Privacy Policy” section herein, throughout your Account suspension and until your Account is closed by either you or OnLive.
Closing Your Account
CLOSING YOUR ACCOUNT WILL RESULT IN PERMANENT LOSS OF ACCESS, CONTENT, SERVICES AND VALUE ON THE ONLIVE SERVICES. ONLIVE URGES YOU TO CONSIDER SUSPENDING YOUR ACCOUNT, PER THE “SUSPENDING YOUR ACCOUNT” SECTION ABOVE. RATHER THAN CLOSING YOUR ACCOUNT, PLEASE READ THIS “CLOSING YOUR ACCOUNT” SECTION CAREFULLY BEFORE PROCEEDING WITH CLOSURE.
You may close your Account at any time, however, OnLive may close an Account if the Account is suspended and not resumed within the twelve (12) month maximum suspension period, as detailed in the “Suspending Your Account” section, above, or under certain conditions specified in the Terms. Closing your Account will immediately and permanently terminate your access to the Services using the closed Account; immediately and permanently terminate your access to all content, messages, services on the Services that the closed Account would otherwise have access to or could derive value from; and result in your immediate and permanent forfeiture of any coupons, access passes, credits, Game Service UGC, Your Desktop Content, or anything that may be of value directly or indirectly associated with the Account, if any, whether purchased or not. Any remaining payments due on the Account will remain due and collectable after the Account is closed until they are paid. If you decide to close your Account, please contact OnLive CS from the Support section of the OnLive website. Within six (6) months after closing your Account or after any payments due on the Account are paid, whichever is later, we will either delete or securely encrypt your Personal Information except your email address, which we will keep in order to determine whether to send further marketing-related emails. We will also keep all financial and transactional records that are required for accounting, revenue-reporting and tax-reporting purposes. Your non-Personal Information, such as your Player Tag, Screen Name and password, will not be deleted. We will also keep information about your use of the Services or Websites including, but not limited to, data about your gameplay, session times and durations, and use of the Services, though we will disassociate such information from your Personal Information. Please note that even after you remove information from your Account or delete your Account entirely, information that was shared with other users may continue to exist on the Services.
If you engage in any repeated or objectionable misconduct, to be determined within OnLive’s sole discretion, OnLive reserves the right to either suspend or close your Account, in OnLive’s sole discretion, immediately and without notice as set forth in the “Suspending Your Account” and “Closing Your Account” sections herein. Please also refer to the Guidelines for examples of objectionable conduct on the Services.
The terms of this Privacy Policy will continue to apply to you in full from the time you accept the Privacy Policy, as set forth in the “Changes to this Privacy Policy” section herein, until your Account is closed by either you or OnLive.
VII. CREDIT CARD INFORMATION
When you make a purchase through the OnLive Websites or Services, we collect your credit card information. However, OnLive does not store, maintain, or process that information. Rather, OnLive uses trusted third party vendors to process and store your credit card information. These vendors are required to comply with applicable federal and state data security regulations, including Payment Card Industry Standards which require the safe, secure and confidential processing and storage of credit card information.
VIII. COMMUNICATIONS PREFERENCES
If you do not want OnLive 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 through the communications preferences in your Account management page. Or, if you would 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 or email at the address listed in the "Contact Us" section herein. Please note that you may not opt-out from certain transactional or relationship messages (e.g., billing matters, Account reminders, legal updates) concerning your Account or products or services that you purchase from OnLive or that you use on the Services.
IX. THIRD PARTY LINKS
The Websites may contain links to third-party websites. Please be aware that OnLive cannot control and is not responsible for the information collection practices of such websites, which may differ from those of OnLive. We encourage you to review and understand the privacy policies of these websites before providing any information to them.
X. DATA SECURITY
We maintain a variety of commercially reasonable safeguards designed to protect your Personal Information and Your Desktop Content from unauthorized access and disclosure, loss, misuse, alteration and destruction. For example, we and our contracted data storage service provider(s) use industry standard tools and techniques to protect against unauthorized access to our systems, servers, Websites, and Services. Personal Information is stored behind firewalls, in password protected environments, and on servers in physically secure and access-controlled locations. Only authorized personnel may access this data. Sensitive financial information, like credit card data, is transmitted via industry standard encryption technologies. Your Desktop Content is sent between OnLive Desktop and our servers over a secure channel using 256-bit SSL encryption, the standard for secure Internetwork connections. OnLive also monitors its physical and information security for unauthorized access and attempts to access. In addition to these data security measures, OnLive maintains written security policies and provides ongoing training seminars regarding data security and the handling of Personal Information.
You should be aware, however, that OnLive has no control over the security of other websites or services on the Internet that you might visit even when a link may appear to direct you to websites and services from OnLive. If you share your computer or use a computer that is accessed by the general public, remember to sign off and close your browser window when you have finished your session. This will help to ensure that others cannot access your Personal Information.
We want you to feel confident using the Websites and Services. No system, however, can be completely secure. Therefore, although we take commercially reasonable steps to secure your information, we do not promise, and you should not expect, that your Personal Information, other communications or content always will remain secure. In the event of a breach of the confidentiality or security of your Personal Information, we will notify you if reasonably possible and as reasonably necessary so that you can take appropriate protective steps. We may notify you under such circumstances using the e-mail address we have on record for you. You should also take care with how you handle and disclose your Personal Information. Please refer to the Federal Trade Commission’s Website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.
XI. DATA RETENTION POLICY
OnLive retains your Personal Information for the period of your membership to the Services subject to the Suspending Your Account and Closing Your Account sections above. We will retain Your Desktop Content for as long as your Account is active or as needed to provide you services. If you wish to cancel your Account or request that we no longer use your information to provide you services, you may delete your Account by contacting OnLive CS at support@onlive.com. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be a delay in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our servers files that you have in common with other users.
XII. MINORS AND CHILDREN
Only persons who are at least 18 years of age are permitted to register for an Account as set forth in the Terms of Service, Section 3 (Eligibility). If OnLive becomes aware that any Minor is submitting or has submitted Personal Information to the Websites or the Services without parental consent, we will close the Account and delete any Personal Information within our control as soon as possible.
The Services are not intended for persons under the age of 13. If OnLive becomes aware that any person submitting Personal Information to the Websites or the Services is under the age of 13, we will close the Account and delete any Personal Information within our control as soon as possible.
XIII. PARENTAL CONTROLS
While users under the age of 18 are not themselves permitted to register for an Account, an Account Holder may set up Parental Controls to enable Minors to access the OnLive Game Service through the Account Holder’s Account(s). Parental Controls allow the Account Holder to control access to content, community, and social features. If Account Holders choose to allow Minors (youth at least 13 but younger than 18 years of age) to access the OnLive Game Service using Parental Controls, they should be aware that unless they restrict a Minor’s ability to communicate through the community and social features of the OnLive Game Service, Minors will be able to disclose publicly their personally identifiable information by messaging their Friends within the OnLive Game Service, voice chatting with anyone in the OnLive Game Service (including users who are not “Friends”), sending messages to Friends through alerts, and allowing other users on the OnLive Game Service to view your Player Profile. For more information about how to set up Parental Controls visit the Parental Controls FAQ.
XIV. QUESTIONS ABOUT THIS PRIVACY POLICY
OnLive will promptly respond to your privacy concerns and questions submitted via email at privacy@onlive.com or by regular mail to OnLive: 1091 N Shoreline Blvd, Suite 100, Mountain View, CA 94043, Attn: Privacy Policy Administrator and Legal Department. However, if you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact ESRB via email at privacy@esrb.org; or, by regular mail to ESRB: 317 Madison Avenue, 22nd Floor, New York, NY 10017, Attn: Privacy Online Program.
XV. CHANGES TO THIS PRIVACY POLICY
We may occasionally update this Privacy Policy to reflect changes in our practices. When we post changes to this Privacy Policy, we will revise the updated date at the top of this Privacy Policy. If we make any material changes to our Privacy Policy, including using previously collected Personal Information for a new purpose, we will notify users by either sending an e-mail to the e-mail address provided to us by the user, or by prominently posting the updated Privacy Policy on the Websites and/or Services. You have the option to adjust your information-sharing preferences or to cancel your account as described in Section IV herein at any time. We recommend that you check the Privacy Policy available on the Websites and Services from time to time to inform yourself of any changes in this Privacy Policy.
XVI. CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 17538 COMPLIANCE
Californians have rights to the following information pursuant to California Business and Professions Code Section 17538:
The mailing address for OnLive is available in the "Contact Us" section of this Privacy Policy. The telephone number is 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. In order to subscribe to the OnLive Services, there may be a fixed monthly fee for certain service offerings only and any applicable taxes, and other charges associated with such purchases. We reserve the right to change pricing on any such items. To contact us regarding the OnLive Websites or Services 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.
XVII. CALIFORNIA PRIVACY RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1798.83
If you are a resident of California ("California Users"), in addition to the rights set forth in this Privacy Policy, you generally have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties for their direct marketing purposes. However, under the law, a business is not required to provide this information if it adopts and discloses to the public in its privacy policy a practice of not disclosing a user’s personal information to third parties for their direct marketing purposes unless the user first affirmatively agrees to the disclosure. Rather, the business may comply with the law by notifying California Users of their rights to prevent disclosure of personal information and providing a cost free means to exercise that right. As stated above, OnLive does not share personal information with third parties for their direct marketing purposes.
Please note that whenever you opt-in to receive future communications from a third party, your information will be subject to the third party's privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use your information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.
California Users may request further information about our compliance with this law by e-mailing privacy@onlive.com. Please note that we only are required to respond to one request per user each year, and we are not required to respond to requests made by means other than through this e-mail address.
This Privacy Policy and the certification seal to the right confirm that OnLive is a valid licensee and participating member in the Entertainment Software Rating Board ("ESRB") Privacy Online Certified Program. To protect your privacy, we have voluntarily undertaken this privacy initiative. The ESRB has reviewed and certified that the OnLive Websites and Services meet established online information collection and use practices. As part of the ESRB certification program, we are subject to frequent audits of our Websites and other enforcement and accountability mechanisms administered independently by the ESRB.
Safe Harbor
OnLive adheres to a self-regulatory program in connection with the Safe Harbor frameworks developed by the U.S. Department of Commerce in consultation with the European Union and Switzerland. As part of our participation in the U.S.-EU Safe Harbor framework and the U.S.-Swiss Safe Harbor framework, we agree to resolve all disputes you have with us in connection with our policies and practices through the ESRB.
II. THE INFORMATION WE RECEIVE
There are several categories of information that we receive from you when you use the OnLive Websites and Services: (A) information you provide to us; (B) information we collect from you; and (C) information third parties collect from you.
You may visit and browse the informational sections of the Websites without providing any personal information. When we ask for personal information on the Websites and Services to, for example, set up an OnLive Services Account ("Account") or make a purchase, we will not require anyone to disclose more personal information than we believe is reasonably necessary to participate in such activities. Each of the categories of information we receive from you is discussed below:
A. Information You Provide to Us
Personal Information: When you sign up for OnLive’s Websites or Services, you may provide a variety of personal information including your first and last name, gender, email address, contact phone numbers, birth date, and mailing address. If you subscribe to the Services or make a purchase, you will provide credit card information, including credit card number, security code, expiration date, a shipping address (if necessary), and billing address. You may also provide additional personal information that you choose to include in an email that you send to us via the Websites, the Services, or through a resume you submit in connection with your interest in working for OnLive or one of its respective subsidiaries or affiliates. All of the above personal information, including any other material and non-public sensitive information tied to your personal information, is collectively referred to as "Personal Information" in this Privacy Policy.
Non-Personal Demographic Information: If you choose to complete surveys or your Player Profile, you may provide certain demographic information about yourself such as information about your lifestyle, personal tastes, purchasing habits, city and state, province or territory, education, job, and income.
B. Information We Collect From You
In connection with our provision of the Websites and Services, we may collect the following non-personal information from you. The information identified in this section may be combined with Personal Information in order to assist OnLive with community management, customer support, and technical support.
Information About Your Computer and Connection to the Internet: We may collect information about your computer, hardware, device, software, platform, media, Internet IP address, connection information, geographic IP information, and details concerning your Internet service provider. This is statistical data about how our users access the Websites and Services, and does not identify any individual.
Cookies: Cookies are small pieces of information that are stored by your browser on the hard drive or memory of your computer or Internet access device. These cookies enable us to personalize your experience on the Websites, maintain a persistent session, passively collect demographic information about your computer 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. Cookies do not include or collect Personal Information but rather, they identify your computer, usually by its Internet Protocol ("IP") address. An "IP address" is a temporally unique number that can be used to identify your computer whenever you log on to the Internet.
Please remember that with most modern browsers you always can disable cookies or set your browser to alert you when cookies are being sent to your computer. The decision to disable cookies, however, may prevent you from being able to use certain portions of the OnLive Websites. To learn more about cookies and how to specify your preferences, please search for "cookie" in the "Help" portion of your browser.
Clear GIFs: Clear GIFs are small graphic images (in GIF or other image format) 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 either transparent or 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. We may, however, use clear GIFs on our Websites 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. We do not use clear GIFs in the OnLive Game Service or OnLive Desktop Service.
Website & Service Logs: OnLive may collect information in the form of website and/or service logs (collectively "Logs"). These Logs are files that record activity on the Websites and Services and gather statistics about users' activities, such as how many users have visited the Websites, how often, how many "hits" a particular webpage has received, sign-in and sign-off times for the Services, type and quality of the user’s Internet connection to the Services, identification of the user’s hardware and software running the Services, which features on the Services you used, and the frequency of use. The entries comprising the Logs contain IP addresses, user IDs, email addresses, and identification of the Internet service provider that provides your connection to the Internet. Generally, we use the Logs to: (i) operate and improve the Websites and Services; (ii) identify the popularity of certain features; (iii) assist with internal marketing and demographic studies; (iv) enable us to assess overall efficiency and activity on the Websites and Services; and (v) assess users' web-browsing, usage, preferences, and habits on the Websites and in the OnLive Game Service. We also use the Logs to monitor traffic on the Websites and Services, to troubleshoot technical problems, to support OnLive CS operations, for security reasons, and to foster the safety of the Websites and Services.
Player Tags, Screen Names and Player Profiles: Your Player Tag on the OnLive Game Service and Screen Name on OnLive Desktop can be used interchangeably. This means that if you have an Account set up on the OnLive Game Service with a Player Tag and password, you can use these credentials to log onto OnLive Desktop. Conversely, if you have a Screen Name and password on OnLive Desktop, these credentials can be used to log onto the OnLive Game Service. Player Tags and Screen Names are unique OnLive identifiers that can be seen on the OnLive Websites and OnLive Game Service. Player Profiles are personal summaries on the OnLive Game Service that may include the user’s Player Tag, presence on the Services, last log-on, use of content, gameplay statistics, and stated city, region or country location that can be seen on the OnLive Websites and OnLive Game Service. In some cases, Player Tags and Player Profiles from the OnLive Websites and OnLive Game Service, may be made public by OnLive, our affiliates, subsidiaries, licensors, partners, or suppliers for the purposes of leaderboards, enhancing multiplayer gameplay, tournaments, and marketing and promotion efforts, and in providing us with such information you consent to such disclosure. Because Player Tags and Player Profiles may be widely viewed we caution users to avoid using any personally identifiable information when creating Player Tags and Player Profiles. We do not consider Player Tags, Screen Names or Player Profiles to be Personal Information, as used in this Privacy Policy.
1. Information We Collect From You When You Use the OnLive Game Service
Brag Clip™ Videos: The Brag Clip video feature on the OnLive Game Service allows a user to make a video recording of a ten-second clip of a user’s gameplay. A user’s Player Tag/Profile may be visible in a Brag Clip video. Other people may view Brag Clip videos either through the OnLive Game Service or outside of the OnLive Game Service through services such as YouTube or Facebook, for example, or by means of recorded video media. A user may choose to limit Brag Clip videos to only OnLive users identified as Friends (described below). If at any time a user does not limit viewing of Brag Clip videos, OnLive may from that point forward use such videos both on the Services and externally for other purposes, including demonstrations, tournaments, marketing, promotional efforts, game refinement, engineering analysis or any other purpose. In some cases, use of certain game features or participation in certain promotions, tournaments and other activities will allow other people to view Brag Clip videos. Because Brag Clip videos may be widely viewed, OnLive cautions users to avoid revealing any personally identifiable information during gameplay. Brag Clip videos are by default viewable by all OnLive users. A user may set different tiers of viewing of this feature through the OnLive Game Service including, for example, disabling all viewing of such user’s Brag Clip videos. This feature may be enabled on OnLive Desktop and if and when so enabled similar privacy settings will allow a user to have various groups of people (Friends, everyone, no one) view a video clip of a user’s activity on OnLive Desktop.
Spectating: Through the Spectating feature on the OnLive Game Service, OnLive makes available continuous live viewing of a user’s gameplay. A user’s Player Tag/Profile may be visible during Spectating. A user may choose to limit Spectating of such user’s gameplay to only Friends, or limit such viewing so that no one else on the OnLive Game Service can Spectate the user’s gameplay. Because live gameplay or other activity in the OnLive Game Service may be widely viewed through the Spectating feature, OnLive cautions users to avoid revealing any personally identifiable information during gameplay or other activity on the Services. The Spectating feature is defaulted to the setting that allows all users of the OnLive Game Service to be Spectated by all other users on the OnLive Game Service. A user may set different tiers of viewing of this feature through the OnLive Game Service including, for example, disabling all Spectating of his gameplay.
Facebook: When you choose to link your OnLive Game Service account to your Facebook account, you authorize OnLive to collect, store, and use in accordance with this Privacy Policy any and all information available to us through the Facebook Application Programming Interface ("API").
Communications Within the OnLive Game Service: OnLive may access and collect information about user email, instant messaging sessions, video, text chats, Friend requests, online group activity, and any other forms of communication within the OnLive Game Service and users expressly consent to OnLive monitoring, collecting, recording (in the case of Brag Clip videos) and accessing these forms of communication. Any user communications within the Services should not be considered private and such communications may be viewed and/or heard by others as part of gameplay, for example, as part of Voice Chat or Spectating during gameplay. OnLive is under no obligation to monitor user communications within the OnLive Game Service but may act on reports of misconduct or abuse of communications privileges. Because communications may be widely viewed and/or heard, OnLive cautions users to avoid revealing any personally identifiable information through open communications on the OnLive Game Service.
2. Information We Collect From You When You Use the OnLive Desktop Service
When you access the OnLive Desktop Service through the Desktop app, we collect the following information: sign-in and sign-off times for the Desktop; the type and quality of your connection to the OnLive Desktop Service; the IP address, user ID, and email address, and identification of the Internet service provider you use to connect to the OnLive Desktop Service. Once you have accessed the OnLive Desktop Service, we do not track your actions within the OnLive Desktop Service. For example, we do not track which programs you use within the OnLive Desktop Service, how long you use each program, or how you use the features of each program.
Microsoft® Internet Explorer 9: While accessing the Internet through Microsoft Internet Explorer 9 (“Internet Explorer”) through the OnLive Desktop Service, you are subject to the Windows Internet Explorer 9 privacy statement as stated in the Terms. Internet Explorer includes Internet-based services which are described in the Windows Internet Explorer 9 privacy statement; please see this document for information regarding these online services including how to turn them on and off. With respect to Internet Explorer, OnLive will store limited information including cookies, bookmarks and browsing history for a limited time consistent with your Internet Explorer settings in the OnLive Desktop Service.
The applications available in the OnLive Desktop Service function much like they do when you use them locally on a computer. Thus if you choose to store passwords, bookmarks, or browsing history or to allow cookies to be stored in Internet Explorer in the OnLive Desktop Service, that information will be stored by the program itself at your direction. Pursuant to Internet Explorer’s own security measures, passwords and login information are encrypted just as they would be on your own computer. You thus control what information Internet Explorer and other programs available in the OnLive Desktop Service store and collect using the privacy controls and preference functions in those programs. That information is stored on our servers in order to provide the OnLive Desktop Service, but we do not access or analyze that information.
Files uploaded or downloaded on OnLive Desktop: While accessing or using OnLive Desktop, you may create or download information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images that you place on OnLive Desktop (“Your Desktop Content”). Your Desktop Content is yours alone for your individual use, and is maintained under your Account, to which you control access, subject to applicable laws and the terms of this Privacy Policy.
C. Information Third Parties Collect From You
In some cases, access to third party content (e.g., games, other related game content, and content from third party websites, demos, trailers, videos, and graphics) requires connection to the third party content provider’s server in addition to the OnLive Game Service. Such connections to a third party content provider’s server may be necessary in order to enable gameplay and/or access to certain content features. When this is necessary, the third party content provider will identify the nature of their data collection as well as the type of information collected in their terms of service, privacy policy, end user license agreement, and any other relevant disclosures. You may be required to accept a third party content provider’s terms of service, privacy policy, and end user license agreement (collectively, "Third Party Terms") during the third party content purchasing process. You will have an opportunity to do this before you make the actual purchase. If you accept Third Party Terms, any information that is provided by you to the third party content provider or collected from you by the third party content provider will be subject to the applicable Third Party Terms.
D. Making Friends and Sharing Information With Friends
The OnLive Game Service provides social networking features that allow OnLive Game Service users to become “Friends” with each other. The Friends social networking feature allows you to identify certain OnLive Game Service users that you wish to distinguish from the general population of OnLive users. You may invite other OnLive Game Service users to become your Friends, and other OnLive Game Service users may invite you to become their Friend. Accepting a Friend request is voluntary, and you and/or other users may terminate a Friend association at any time. When someone becomes your Friend, that person will have access to information about what games you are playing and have played as well as communications a list of your Friends, your Player Profile, your Brag Clip videos, your last visit to the OnLive Game Service, date joined, total play time, play style, and motto. By making or accepting a Friend request, you are providing your consent to such information sharing. It is important to note that Friends of your Friends, and Friends of these Friends (up to 3 generations of Friends in total), will have access to such information as well. Please consider this carefully when making or accepting a Friend request. You may stop sharing information with a specific Friend (and therefore, their Friends) at any time by removing that Friend. See our FAQ on Privacy Settings.
III. HOW WE USE YOUR INFORMATION
If we wish to use your previously collected Personal Information for purposes that are materially different from when it was collected, we will provide you with notice of these new purposes and offer you a means to consent to such use before using the information for the new purpose. See the “Changes to This Privacy Policy” section herein for more information on how we provide notice and choice if our privacy practices change. This Privacy Policy places no limitations on OnLive’s use or sharing of anonymized or aggregated information.
When you provide us with your Personal Information, we and/or authorized third parties may use such information for a number of purposes identified below.
* To allow you to use the Websites or Services.
* For our third party payment processor to process your payment for purchases made on the Websites or Services.
* To facilitate communication between OnLive and you including, without limitation, facilitating your use of the Websites or Services, responding to your questions or comments, sending emails concerning our Websites and Services, or to contact you for feedback regarding OnLive, our advertisers, or our business partners.
* To help your Friends find you, OnLive allows registered users who enter your email address to find you and send you Friend requests through the OnLive Game Service. For more information and instructions on how to opt out see our FAQ regarding Privacy and inviting Friends via Gmail.
* To provide customer service and troubleshoot technical issues with the Services.
* To provide you with important functionality changes to the Websites or Services, including updates and upgrades, other new OnLive services, and advertising or special promotional offers from OnLive and reputable third parties that we think you will find valuable.
* To customize, analyze, adjust and improve the OnLive Websites and Services to meet your needs and expectations, as well as those of our business partners.
* For our internal marketing and demographic studies, which are intended to enable us to operate the OnLive Websites and Services, and improve the various products and features that we make available to you on the OnLive Websites and Services.
* For external demonstrations, marketing or promotional efforts.
* To provide a report to our business partners that tells them who responded to a particular offer or to facilitate the fulfillment of an order that you have made with a business partner.
* To enforce the Terms and our other agreements with you, prevent fraud and other prohibited or illegal activities, for other legally permissible purposes and generally to ensure that we comply with applicable laws.
* To maintain and enforce security and safety of the Websites and Services.
* To enforce our agreements with third party content providers, game developers, affiliates, and other OnLive business partners regarding third party rights associated with your use of the Websites and Services.
* To process your entries and participation in sweepstakes, contests, promotions, tournaments or other events if any, in which you choose to participate.
* To process your request to be considered for a position with OnLive or one of its affiliates when you submit a resume to us via the Websites.
*To enable the social networking features of the OnLive Websites and OnLive Game Service.
* From time to time we may disclose aggregated and anonymized data about the usage of our Services to trusted business partners. Information about your use of the Services may be included in this data, but no third party will be able to identify you from it.
Customer Service Information: OnLive may collect any communication between you and OnLive CS, including email and any information you send to OnLive CS, such as screen captures, video or audio recordings or data. OnLive CS may use such information as part of its customer service operations including collecting statistics, maintaining quality control and generating trouble tickets, which may be shared with appropriate OnLive internal groups or OnLive partners to address the problem or issue.
IV. HOW WE SHARE YOUR INFORMATION
OnLive may share your Personal Information with an unaffiliated third party under the following circumstances:
A. Fulfillment of OnLive’s Services
We may retain other companies and individuals to perform certain functions on our behalf. Examples include, but are not limited to, companies that help to administer the OnLive Websites and Services, companies that provide payments and billing services, companies that conduct surveys or assist OnLive in its promotional activities such as sending emails to you, shipping companies that deliver products, third party advertisers or promotional partners who provide a product or service to you, customer support specialists, web hosting and internet service providers, and data analysis firms. Your Personal Information may be stored and processed in the United States by our third party service providers. Any such third parties who are involved in the operations of the OnLive Websites and Services are authorized to use the information that is collected by and/or disclosed to them only 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 and Services. OnLive requires that any such third parties protect the confidentiality of Personal Information they collect or have access to in the course of their engagement by OnLive.
B. Compliance with Law and Fraud Protection
OnLive expressly reserves the right to disclose Personal Information and any other information to third parties 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, its agents, employees, affiliates or others to any potential legal liability or as otherwise required by law), or in order to enforce or apply the Terms, or to protect the rights of OnLive, our users or others. We may also disclose Personal Information and any other information where necessary for the establishment, exercise or defense of legal claims or as otherwise permitted by law. OnLive reserves the right to disclose to a third party the Personal Information or any other information of a user who we believe is in violation of any policy or rule as posted on the Websites and Services, even without a subpoena, warrant, court order or other governmental request.
C. Sale or Transfer of Information
In the event of a sale, merger, liquidation, dissolution, or transfer of substantially all of the assets of OnLive, the Websites, and/or the Services, the Personal Information and/or other information collected about you from the Websites, and/or the Services may be sold, traded, assigned or transferred to the party acquiring all or substantially all of the equity and/or assets of OnLive, the Websites, and/or the Services in order to permit the party to continue the operation of any acquired assets. You consent to the sale and transfer of your information as described in this paragraph. If the successor entity intends to use your information for a purpose unrelated to that which it was originally collected, OnLive will contractually require the successor entity to provide you with notice of these new purposes and an opportunity to consent to such new purpose.
V. YOUR RIGHT TO CHOOSE HOW YOUR PERSONAL INFORMATION IS SHARED
If you do not want your Personal Information to be collected by or shared with a third party as described in this Privacy Policy, do not provide your Personal Information to OnLive and/or the third party. Similarly, 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 on the Services including but not limited to a contest or promotion on the Services (“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 does not mean that we have provided your Personal Information to any party. You always have the opportunity to tell us that you do not wish to receive such correspondence. See the "Communications Preferences" section of this Privacy Policy.
The OnLive Game Service also allows you to share certain information about your gameplay (based on your Player Tag/Screen Name) with everyone using the OnLive Game Service, with Friends (as described in this Policy), or with no one. The most effective way to limit any optional information sharing with other OnLive users, or with Facebook users, is to disable the sharing functionality and/or social features of the OnLive Game Service. Without sharing, however, you may not enjoy the full benefits of the OnLive Game Service because it will deprive you of the opportunity to meet other OnLive users and to chat and play games with them. Where you have an opportunity to limit sharing through the use of the settings and you do not do so, you agree that you will be deemed to have shared the information with third parties voluntarily and it will not be considered to have been shared by OnLive.
You also control the sharing of certain OnLive information on Facebook by connecting your OnLive Game Service Account with your Facebook account. In doing so, you may be connecting your Player Tag/Screen Name with personally identifiable information such that other Facebook users will know who you are. If you do not want Facebook users to be able to see your Player Tag/Screen Name in connection with personally identifiable information of yours, do not use the “Connect With Facebook” feature.
VI. ACCESSING, CHANGING OR DELETING YOUR PERSONAL INFORMATION
OnLive allows you to access, change, or delete inaccuracies to your Personal Information in your OnLive Account. You can request this information by emailing or writing to us at the contact information set forth in the “Contact Us” section above. We may require proof of your identity and will provide the Personal Information for a nominal processing fee. We reserve the right to refuse to provide you with a copy of your Personal Information. If we do not hear otherwise from you, we will assume the information you have provided is accurate and up-to-date and that you consent to the collection, use and disclosure of the Personal Information you have provided to us consistent with the terms of this Privacy Policy.
Suspending Your Account
The data associated with your Account is stored separately based on whether the data is Game Service User Generated Content or whether the data is Your Desktop Content. We store your login credentials (your Player Tag, Screen Name, password and email address (“Login Credentials”)) and Game Service User Generated Content for up to 12 (twelve) months during any suspension of your Account (as described below), so that you can go back to using or accessing the OnLive Game Service as if your Account was never suspended. We store Your Desktop Content for your free Account up to ninety (90) days following suspension of your Account and under all circumstances, we may delete Your Desktop Content after ninety (90) days of inactivity with respect to OnLive Desktop as described below.
You may suspend (i.e., temporarily deactivate) your Account at any time, for any or no reason, for up to twelve (12) months by contacting OnLive CS from the Support section of the OnLive website. The advantage of suspending your Account is that you can save your Login Credentials for the Services and your Game Service User Generated Content.
OnLive may suspend an Account, or resume a suspended Account, if you fail to follow all of the conditions specified in the Terms, including, for example, the expiration or non-renewal of your Services membership term as provided in Section 11 herein. OnLive may also suspend your Account if it is inactive. For the OnLive Game Service, “inactive” means that you have not logged in and interacted with the OnLive Game Service. For OnLive Desktop, “inactive” means that you have not logged in and interacted with OnLive Desktop. You or OnLive may resume (i.e., reactivate) a suspended Account, if the Account is in good standing and any outstanding concerns have been addressed to OnLive’s satisfaction at any time during the suspension.
Suspending your Account will temporarily disable your access to the Services using the suspended Account, and temporarily disable your access to all content or services on the Services that the Account would otherwise have access to, if any, whether purchased or not. Resuming your Account will restore your access to the suspended Account, and restore your access to content and services that are still available to you after the time that has elapsed during the suspension period or provide access to content and services that became available to you during the suspension. During this time, OnLive will retain your Game Service UGC, including your Personal Information, just as if the Account is in active use so as to enable OnLive to (a) keep track of any content or service expirations or activations during the suspension period, and (b) reactivate your Account if it is resumed during that twelve (12) month period. During the suspension period you, or OnLive under certain conditions specified in the Terms, may close your Account, per the terms described below in Closing Your Account. OnLive will close your Account if it not resumed within twelve (12) months of the last suspension. If you decide to suspend your Account, please contact OnLive CS from the Support section of the OnLive website.
The terms of this Privacy Policy will continue to apply to you in full from the time you accept the Privacy Policy, as set forth in the “Changes to this Privacy Policy” section herein, throughout your Account suspension and until your Account is closed by either you or OnLive.
Closing Your Account
CLOSING YOUR ACCOUNT WILL RESULT IN PERMANENT LOSS OF ACCESS, CONTENT, SERVICES AND VALUE ON THE ONLIVE SERVICES. ONLIVE URGES YOU TO CONSIDER SUSPENDING YOUR ACCOUNT, PER THE “SUSPENDING YOUR ACCOUNT” SECTION ABOVE. RATHER THAN CLOSING YOUR ACCOUNT, PLEASE READ THIS “CLOSING YOUR ACCOUNT” SECTION CAREFULLY BEFORE PROCEEDING WITH CLOSURE.
You may close your Account at any time, however, OnLive may close an Account if the Account is suspended and not resumed within the twelve (12) month maximum suspension period, as detailed in the “Suspending Your Account” section, above, or under certain conditions specified in the Terms. Closing your Account will immediately and permanently terminate your access to the Services using the closed Account; immediately and permanently terminate your access to all content, messages, services on the Services that the closed Account would otherwise have access to or could derive value from; and result in your immediate and permanent forfeiture of any coupons, access passes, credits, Game Service UGC, Your Desktop Content, or anything that may be of value directly or indirectly associated with the Account, if any, whether purchased or not. Any remaining payments due on the Account will remain due and collectable after the Account is closed until they are paid. If you decide to close your Account, please contact OnLive CS from the Support section of the OnLive website. Within six (6) months after closing your Account or after any payments due on the Account are paid, whichever is later, we will either delete or securely encrypt your Personal Information except your email address, which we will keep in order to determine whether to send further marketing-related emails. We will also keep all financial and transactional records that are required for accounting, revenue-reporting and tax-reporting purposes. Your non-Personal Information, such as your Player Tag, Screen Name and password, will not be deleted. We will also keep information about your use of the Services or Websites including, but not limited to, data about your gameplay, session times and durations, and use of the Services, though we will disassociate such information from your Personal Information. Please note that even after you remove information from your Account or delete your Account entirely, information that was shared with other users may continue to exist on the Services.
If you engage in any repeated or objectionable misconduct, to be determined within OnLive’s sole discretion, OnLive reserves the right to either suspend or close your Account, in OnLive’s sole discretion, immediately and without notice as set forth in the “Suspending Your Account” and “Closing Your Account” sections herein. Please also refer to the Guidelines for examples of objectionable conduct on the Services.
The terms of this Privacy Policy will continue to apply to you in full from the time you accept the Privacy Policy, as set forth in the “Changes to this Privacy Policy” section herein, until your Account is closed by either you or OnLive.
VII. CREDIT CARD INFORMATION
When you make a purchase through the OnLive Websites or Services, we collect your credit card information. However, OnLive does not store, maintain, or process that information. Rather, OnLive uses trusted third party vendors to process and store your credit card information. These vendors are required to comply with applicable federal and state data security regulations, including Payment Card Industry Standards which require the safe, secure and confidential processing and storage of credit card information.
VIII. COMMUNICATIONS PREFERENCES
If you do not want OnLive 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 through the communications preferences in your Account management page. Or, if you would 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 or email at the address listed in the "Contact Us" section herein. Please note that you may not opt-out from certain transactional or relationship messages (e.g., billing matters, Account reminders, legal updates) concerning your Account or products or services that you purchase from OnLive or that you use on the Services.
IX. THIRD PARTY LINKS
The Websites may contain links to third-party websites. Please be aware that OnLive cannot control and is not responsible for the information collection practices of such websites, which may differ from those of OnLive. We encourage you to review and understand the privacy policies of these websites before providing any information to them.
X. DATA SECURITY
We maintain a variety of commercially reasonable safeguards designed to protect your Personal Information and Your Desktop Content from unauthorized access and disclosure, loss, misuse, alteration and destruction. For example, we and our contracted data storage service provider(s) use industry standard tools and techniques to protect against unauthorized access to our systems, servers, Websites, and Services. Personal Information is stored behind firewalls, in password protected environments, and on servers in physically secure and access-controlled locations. Only authorized personnel may access this data. Sensitive financial information, like credit card data, is transmitted via industry standard encryption technologies. Your Desktop Content is sent between OnLive Desktop and our servers over a secure channel using 256-bit SSL encryption, the standard for secure Internetwork connections. OnLive also monitors its physical and information security for unauthorized access and attempts to access. In addition to these data security measures, OnLive maintains written security policies and provides ongoing training seminars regarding data security and the handling of Personal Information.
You should be aware, however, that OnLive has no control over the security of other websites or services on the Internet that you might visit even when a link may appear to direct you to websites and services from OnLive. If you share your computer or use a computer that is accessed by the general public, remember to sign off and close your browser window when you have finished your session. This will help to ensure that others cannot access your Personal Information.
We want you to feel confident using the Websites and Services. No system, however, can be completely secure. Therefore, although we take commercially reasonable steps to secure your information, we do not promise, and you should not expect, that your Personal Information, other communications or content always will remain secure. In the event of a breach of the confidentiality or security of your Personal Information, we will notify you if reasonably possible and as reasonably necessary so that you can take appropriate protective steps. We may notify you under such circumstances using the e-mail address we have on record for you. You should also take care with how you handle and disclose your Personal Information. Please refer to the Federal Trade Commission’s Website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.
XI. DATA RETENTION POLICY
OnLive retains your Personal Information for the period of your membership to the Services subject to the Suspending Your Account and Closing Your Account sections above. We will retain Your Desktop Content for as long as your Account is active or as needed to provide you services. If you wish to cancel your Account or request that we no longer use your information to provide you services, you may delete your Account by contacting OnLive CS at support@onlive.com. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be a delay in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our servers files that you have in common with other users.
XII. MINORS AND CHILDREN
Only persons who are at least 18 years of age are permitted to register for an Account as set forth in the Terms of Service, Section 3 (Eligibility). If OnLive becomes aware that any Minor is submitting or has submitted Personal Information to the Websites or the Services without parental consent, we will close the Account and delete any Personal Information within our control as soon as possible.
The Services are not intended for persons under the age of 13. If OnLive becomes aware that any person submitting Personal Information to the Websites or the Services is under the age of 13, we will close the Account and delete any Personal Information within our control as soon as possible.
XIII. PARENTAL CONTROLS
While users under the age of 18 are not themselves permitted to register for an Account, an Account Holder may set up Parental Controls to enable Minors to access the OnLive Game Service through the Account Holder’s Account(s). Parental Controls allow the Account Holder to control access to content, community, and social features. If Account Holders choose to allow Minors (youth at least 13 but younger than 18 years of age) to access the OnLive Game Service using Parental Controls, they should be aware that unless they restrict a Minor’s ability to communicate through the community and social features of the OnLive Game Service, Minors will be able to disclose publicly their personally identifiable information by messaging their Friends within the OnLive Game Service, voice chatting with anyone in the OnLive Game Service (including users who are not “Friends”), sending messages to Friends through alerts, and allowing other users on the OnLive Game Service to view your Player Profile. For more information about how to set up Parental Controls visit the Parental Controls FAQ.
XIV. QUESTIONS ABOUT THIS PRIVACY POLICY
OnLive will promptly respond to your privacy concerns and questions submitted via email at privacy@onlive.com or by regular mail to OnLive: 1091 N Shoreline Blvd, Suite 100, Mountain View, CA 94043, Attn: Privacy Policy Administrator and Legal Department. However, if you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact ESRB via email at privacy@esrb.org; or, by regular mail to ESRB: 317 Madison Avenue, 22nd Floor, New York, NY 10017, Attn: Privacy Online Program.
XV. CHANGES TO THIS PRIVACY POLICY
We may occasionally update this Privacy Policy to reflect changes in our practices. When we post changes to this Privacy Policy, we will revise the updated date at the top of this Privacy Policy. If we make any material changes to our Privacy Policy, including using previously collected Personal Information for a new purpose, we will notify users by either sending an e-mail to the e-mail address provided to us by the user, or by prominently posting the updated Privacy Policy on the Websites and/or Services. You have the option to adjust your information-sharing preferences or to cancel your account as described in Section IV herein at any time. We recommend that you check the Privacy Policy available on the Websites and Services from time to time to inform yourself of any changes in this Privacy Policy.
XVI. CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 17538 COMPLIANCE
Californians have rights to the following information pursuant to California Business and Professions Code Section 17538:
The mailing address for OnLive is available in the "Contact Us" section of this Privacy Policy. The telephone number is 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. In order to subscribe to the OnLive Services, there may be a fixed monthly fee for certain service offerings only and any applicable taxes, and other charges associated with such purchases. We reserve the right to change pricing on any such items. To contact us regarding the OnLive Websites or Services 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.
XVII. CALIFORNIA PRIVACY RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1798.83
If you are a resident of California ("California Users"), in addition to the rights set forth in this Privacy Policy, you generally have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties for their direct marketing purposes. However, under the law, a business is not required to provide this information if it adopts and discloses to the public in its privacy policy a practice of not disclosing a user’s personal information to third parties for their direct marketing purposes unless the user first affirmatively agrees to the disclosure. Rather, the business may comply with the law by notifying California Users of their rights to prevent disclosure of personal information and providing a cost free means to exercise that right. As stated above, OnLive does not share personal information with third parties for their direct marketing purposes.
Please note that whenever you opt-in to receive future communications from a third party, your information will be subject to the third party's privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use your information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.
California Users may request further information about our compliance with this law by e-mailing privacy@onlive.com. Please note that we only are required to respond to one request per user each year, and we are not required to respond to requests made by means other than through this e-mail address.